A. RAJENDRAN Vs. KRISHNA MUDALIAR,

JUDGEMENT

(1.) THIS petition has been filed under Article 226 of the Constitution of India for habeas corpus to produce the Petitioner's two year old male child to the Petitioner and to hand over the custody of the said male child to the Petitioner and to pass such appropriate orders.

(2.) IN support of the said petition, the Petitioner Rajendran, a Sub Inspector of Police has filed an affidavit in which he has stated that he married one Dhanalakshmi and there has been some misunderstanding between his family and his in -laws and in the month of February 1993, he sent his wife to her parents for delivery, as at that time he was Sub Inspector of Police at Soolagri Police Station Dharmapuri District.

(3.) THE Petitioner further swore that on the eve of Deepavali 1993, he visited Respondents 1 and 2 to confront them with the truth and recover his male child which was in their custody, and Respondents 1 and 2 fairly uttered falsehood by stating that they did not have any male child. After IS days and again on 16.3.1994 he visited Respondents 1 and 2 and since he did not get proper answer from them, again on 24.10.1994, he along with one Rama Subbu and an Advocate by name Mr. Abdul Hameed went to the place of die said Respondents and tried to Sort out the matter by striking a compromise. Though initially the first Respondent was inclined, subsequently he was adamant holding that they are the parents of male child. The Petitioner also produced a birth certificate of the child of the first Respondent which refers to a female child.