SARAVAN Vs. STATE

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed, praying that this Court may be pleased to direct the respondents to produce his wife, namely, Radha, aged 30 years, and his minor son, namely, Karthikeyan, aged about 1 years, before this Court and to hand over their custody to the petitioner.

(2.) The petitioner has stated that his wife, namely, Radha, and his minor son, namely, Karthikeyan, were found missing from 10.08.2011. On making necessary enquiries, it was found that they had been taken away by the third respondent, and that he was keeping them in his illegal custody.

(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 the petitioner's wife, namely, Radha and her minor son, Karthikeyan, are residing with the third respondent, who is the father of Radha. In such circumstances, the allegation of the petitioner that his wife Radha and his son, Karthikeyan, are in the illegal custody of the third respondent, cannot be accepted. In such circumstances, since, no further orders are necessary, the Habeas Corpus Petition stands closed. However, it is made clear that it would be open to the petitioner to approach the appropriate forum to seek his remedies, in the manner known to law.