(1.) PETITIONER, Veerapandian, father of the detenu Vinodha, has filed this petition to issue a writ of heabeas corpus directing the first respondent - Smt. Kalaiselvi to produce the detenu Vinodha, a girl aged about seven years before this Court and set her at liberty and pass further or other orders as this Court deem fit and proper.
(2.) IN support of the said petition, the petitioner has sworn to an affidavit, in which he has stated that he is an Assistant INspector in INternal Audit Department at Vellore and the first respondent is his wife having married her according to Hindu rites and customs on 10. 5. 1987, that of the said wedlock three children were born, the first child by name Vinodha is aged seven years and the other two children are twins and aged about eight months. He has filed this petition seeking custody of his daughter Vinodha. He has further stated that he is a post graduate in Arts and graduate in Bachelor of Education and was a very affectionate husband, but unfortunately his wife, at the instance of her parents started ill treating him since 1994 and when he was in Vellore, there was sudden appearance of gangrin in both of his legs and since the said disease aggravated both his legs were amputated below knee, he was taken to Madras and admitted as inpatient at Malar Hospital. During his stay at the said hospital, his wife did not attend on him and she and her parents expected his natural death. His wife took away all his properties and house hold untensils and left for her native place without his consent and knowledge, abandoning her obligation as a Hindu wife, by leaving him in lurch and but for the tizely help of his parents, his life would have been ended.