High CourtsDivision Bench(2011) 12 MAD CK 0038

S. Sahira Banu vs The Superintendent of Police, Thanjavur District, The Inspector of Police, Natchiyar Kovil Police Station, Thanjavur District, Sadhik Batcha and Mohamed Ismayil

Madras High Court · Decided on 19 December 2011

HON’BLE JUDGES
S. Nagamuthu, J · M. Jaichandren, J
CASE NUMBER
H.C.P. (MD) No. 919 of 2011

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Judgment

3 paragraphs · 236 words

M. Jaichandren, J.—This Habeas Corpus Petition has been filed, praying that this Court may be pleased to direct the respondents to produce the minor children of the petitioner, namely, Shahanas Banu, aged about 5 years and Safrina Banu, aged about 9 years, before this Court and hand over their custody to the petitioner.

2.

The petitioner has stated that the third respondent, the husband of the petitioner, had taken away the children and keeping them in his illegal custody. In fact, the third respondent had been working in Dubai. Therefore, it would not be possible for the third respondent to provide necessary facilities to the minor children and to take care of them. In such circumstances, the petitioner has made a complaint before the second respondent. However, since, no effective steps had been taken, the petitioner has preferred the present Habeas Corpus Petition before this Court.

3.

In view of the averments made in the affidavit filed in support of this petition, this Court is of the prima facie view that it is a matrimonial dispute between the petitioner and the third respondent, who is the husband of the petitioner. In such circumstances, it is for the petitioner to approach the appropriate forum, in the manner known to law, to seek the relief relating to the custody of her minor children. In such circumstances, since, no further orders are necessary, the Habeas Corpus Petition stands closed.