G. DEV Vs. JAYALAKSHMI

JUDGEMENT

(1.) The petitioner, who hails from Chennai, is the mother of the alleged detenu, aged 8 years. Respondents 1 and 2 are the sister and mother, respectively of the petitioner, who allegedly have detained the detenu illegally. The petitioner seeks issuance of a writ of habeas corpus mandating production of the alleged detenu before this Court and to release him to the petitioner.

(2.) The petitioner would aver that, in her wedlock with her husband, Ganesh Pandyan, two children were born. The elder daughter is aged 15 years and is studying in the 10th standard at Chennai. When the younger son was aged 1 year, the second respondent/grandmother took him to take care of the child until he attains the age of joining school. Petitioner and her husband used to make frequent visits to the second respondent's house. However, to the petitioner's surprise, the child was admitted in school at the residential place of the second respondent, namely Palakkad. Respondents 1 and 2 are now refusing to give back the child to the petitioner. They also do not permit her to visit the child. When the petitioner made an attempt to take the child, she was threatened by local goons. The first respondent is a divorcée and a lady of loose morals. Petitioner apprehends that, her child will be misused by the first respondent. The second respondent is aged 72 years and not having good health to take care of the child. Ext.P4 complaint was preferred before the 3rd respondent police officer, however of no consequence.

(3.) Heard Sri.Nahas H., learned counsel for the petitioner and Sri.E.C. Bineesh, learned Public Prosecutor.Perused the records.