KALPANA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by name.

(2.) Kalpana got married to Ashokraj. Kalpana conceived and during the conception, misfortune fell on her in the untimely death of her husband Ashokraj on 12.01.2014. Kalpana begot a male child on 26.01.2014 and named him Arulraj. It appears that Kalpana re- married and thereafter, her child Arulraj was taken away by her father-in-law Alagu (the third respondent herein) three years back. Kalpana has been demanding the custody of her child, but in vain. Alagu (the third respondent herein) filed proceedings in G.W.O.P.No.5 of 2018 in the Family Court, Sivagangai, for appointing him as Guardian of Arulraj, which came to be dismissed on 13.08.2019, despite which, the custody of the child was not given to Kalpana. Hence, Kalpana is before this Court in this Habeas Corpus Petition.

(3.) Pursuant to the directions of this Court, the police have produced the child along with Alagu (the third respondent herein).