P. VASUKI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) It is the case of the petitioner that she married one Mohan and through whom, she was blessed with a daughter, Swathi, who is now 23 years old. Thereafter, she got separated from Mohan and married one Pandidurai through whom, she has a son Ashwin Dev, who is aged 8 years. Admittedly, Pandidurai is working in Singapore and his mother is living in Devakottai. However, the petitioner was living with her two children in Coimbatore. According to the petitioner, on 22.03.2020, she went to her native place, Devakottai and on account of COVID-19 lockdown, she was not able to return to Coimbatore. Her two children were in the care of her sister in Coimbatore. While that being so, it is her allegation that her daughter Swathi got married to one Abi and left the house during lockdown leaving Ashiwn Dev alone. It is her further allegation that Muthukannu, her mother-in-law (Pandidurai's mother), came and took away Ashwin Dev from Coimbatore and is having illegal custody of him and hence, she prays for issuance of Writ of Habeas Corpus.

(2.) Today, the petitioner, Muthukannu (3 rd respondent), Swathi and Ashwin Dev are present before this Court.

(3.) This Court enquired with the children and they stated categorically that their mother had deserted them even before the COVID-19 lockdown and had gone and that is why, their grandmother, Muthukannu (3 rd respondent) had to intervene and take Ashwin Dev with her.