YOGAPRIYA Vs. SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents 1 and 2, to produce the petitioner's minor daughter, Sridharani, aged about 2 years, before this Court, and to hand her over to custody to the petitioner. It has been stated that, the third respondent, who is the husband of the petitioner, had taken away the child, forcibly, and that he is keeping her in illegal custody. It has also been stated that H.M.O.P. No. 145 of 2011 is pending on the file of the Subordinate Court, Pudukkottai, praying for grant of divorce.

(2.) In such circumstances, this Court is of the prima facie view that the detenue is not in the illegal custody of the third respondent, as alleged by the petitioner. Hence, the Habeas Corpus Petition stands closed. However, it is made clear that it would be open to the petitioner to work out her remedies, before the appropriate forum, in the manner known to law.