SUBHA Vs. STATE AND ORS.

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the petitioner, seeking an order in the nature of writ of Habeas Corpus, directing the respondents to produce the corpus of her daughter, the detenue, Kaviyasri, Hindu, aged about 3 1/2 years before this Court and set her at liberty.

(2.) The petitioner has averred in his affidavit that she was married to one Menon Babu on 03.09.2010 and out of the wedlock, female child Kavyasri, the detenue herein was born. Thereafter, the husband of the petitioner, who was a drunkard, died by hanging on 26.06.2013.

(3.) After the demise of Menon Babu, his wife, the petitioner herein stay at her father's house along with the child. On 22.02.2015, the petitioner married another person, one Mr. Suseendran. Thereafter, on 25.02.2015, at 6 pm, while the minor detenue was returning from school, she was kidnapped by Kaliyammal, mother of the deceased and 13 others in a van. Hence, the petitioner went to the respondent police station and gave a complaint against Kaliyammal and 13 others to find out and hand over the child and the respondent received the said complaint on the same day and a case was registered under Ss. 147, 363 IPC in Crime No. 60/2015. Though, the petitioner went to the respondent police several times, she could get only a lethargic reply. Hence, the petitioner has approached this Court with this Habeas Corpus Petition, seeking for the relief as stated supra.