S. ASHOK KUMAR 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 1 and 2 to produce the corpus of his minor son A.Kavin before this Court and set him at liberty.

(2.) The petitioner has averred in his affidavit that he got married with one B.Mohana Priya, D/o. Boopathy Chettiar, the third respondent herein on 03.06.2009 at Poonamalle, as per Hindu rites and customs and out of the wedlock, the male child, Kavin, the detenue herein was born on 08.06.2011. The petitioner has alleged that from the date of the marriage, his wife was not taking care of the child at any point of time and she used to go to her job early morning at 6.30 a.m., and return back to the house at around 6.30 p.m., in the evening. According to him, after returning from her job, she used to make phone calls to her friends and family members, after that she used to chat with her friends in the lap top and she was neither a dutiful wife of the petitioner nor a good daughter-in-law to his parents. The petitioner requested his wife to quit the job for the welfare of his son, but she refused to resign the job.

(3.) It is stated that the wife of the petitioner used to quarrel with him and his family members. Thereafter, on 10.03.2015, when the petitioner got up from the bed to go to bathroom at about 4.30 a.m, his wife was not in bed. The room light was on, so the petitioner entered the room and was shocked to notice that his wife had committed suicide by hanging in the ceiling fan. Immediately, the petitioner informed to the second respondent in person, however, the first respondent registered a case in Crime No.1204 of 2015 on 10.03.2015 for an alleged offence under Section 306 IPC. We are of the view that raising the afore stated allegation against the mother of the minor child is unwarranted in the petition.