BENEDICT PRINCE Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents 1 and 2 to secure the detenu, namely, Benedict Johnpaul Prince, aged 2ï¿ 1/2 years, son of the petitioner, said to be in the illegal custody of the respondents 3 to 6, before this Court and to hand over the custody of the detenu to the petitioner.

(2.) THE petitioner, who is said to be the father of the detenu, had filed the present Habeas Corpus Petition stating that the detenu is in the custody of the third respondent, who is his wife. It is also stated that the petitioner has filed a petition for divorce, in I.D. O.P.No.297 of 2011, before the Family Court, Nagercoil, and the same is pending adjudication.

(3.) IN view of the fact that the detenu, the son of the petitioner is in the custody of the third respondent, who is the mother of the minor child and in view of the fact that GWOP No.183 of 2012, is pending adjudication before the appropriate Court, this Court is of the considered view that the present Habeas Corpus Petition is not maintainable. Hence, the Habeas Corpus Petition stands dismissed. However, it is made clear that it would be open to the petitioner to pursue the remedies open to him before the appropriate Court, in the manner known to law.