High CourtsDivision Bench(2006) 07 MAD CK 0101

Mariya Jacqueline Browne vs State and Gerald Christopher Browne

Madras High Court · Decided on 3 July 2006

HON’BLE JUDGES
V. Dhanapalan, J · P. Sathasivam, J
CASE NUMBER
Habeas Corpus Petition No. 567 of 2006

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Judgment

14 paragraphs · 270 words

P. Sathasivam, J.—The petitioner, Mariya Jacqueline Browne has filed the above petition for direction to the respondents to produce the

body of her children, viz., (i) Baby Angilica Browne and (ii) Master Rajeston Browne before this Court and hand over their custody to her.

2.

In view of the information that these two children were handed over to the second respondent, who is none else than their father, by filing a joint

memo before the First Additional Family Court, Chennai, we directed the presence of the second respondent. Pursuant to the same, the second

respondent by name Gerald Christopher Browne appeared before us. We enquired him. He also supported the above statement. He further

informed us that both the children are studying in a School at Coonoor and it is he who bears all the educational expenses and according to him

both the children are happy.

3.

In addition to his statement, the mother of the petitioner by name Luszy also appeared before this Court. We also enquired her. She supported

the stand taken by the second respondent and also informed us that both her grand children are being maintained by the second respondent and

they are studying in a School at Coonoor.

4.

In the light of the above details and of the fact that the petitioner has also divorced the second respondent and getting maintenance, we are of the

view that no further adjudication is required in this petition. Further, she is free to move the appropriate forum, if she so desires to have the custody

of her minor children.

With the above observation, this petition is dismissed.