P ANURADHA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court, one Anuradha has brought forth this application for the production of her minor daughter by name Kavya, aged 8, before this Court and handover the custody to her.

(2.) The case of the petitioner is that the third respondent who is working as Stenographer in the Department of Income-tax, Tiruchirapalli, is her husband; the marriage between herself and the third respondent was solemnised in the month of September 2000; subsequently their relationship became strained; therefore, she left the husband's place on 22.02.2010 and the child has already been taken by the third respondent; in such circumstance, she was forced to file this Habeas Corpus Petition before this Court. It is further stated in the affidavit filed in support of this petition that she sent a complaint to the first and second respondents on 21.06.2010, but they did not act on the same.

(3.) On the last hearing, the child was produced before this Court and she was also enquired. When the child was asked as to whom she want to go, she informed that she want to be with both the parents. On enquiry, this Court feels that it does not seem to be a feasible one. After enquiring the parties, the Court is of the considered opinion that since the child is going to school, she could be allowed to continue under the custody of the third respondent and the petitioner can be permitted to take the child at about 10.00 a.m. on every Saturday and keep the child on that day and leave the child with the third respondent at about 5.00 p.m. on Sunday (the next day). Both the parties have agreed to the above arrangement. The Habeas Corpus Petition is disposed of, accordingly.