VIRUTHAGIRI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner Viruthagiri has filed this petition seeking direction to the respondents for production of minor Varsha, 3 years old, before this Court and to entrust the custody to him in order to secure the ends of justice.

(2.) IT is seen from the affidavit filed in support of the above petition, the petitioner's son by name suresh fell in love with one Saravanammal alias Rosy and they got married in 2002. IT was an inter-caste marriage. Out of the said wedlock, a child by name varsha was born to them, and the petitioner's son Suresh secured employment in Dubai and gone there left his wife Saravanammal and the child in the custody of the petitioner in the year 2003. According to him, the petitioner is the guardian of the child Varsha. Due to absence of his son, his daughter-in-law committed suicide on 1-10-2005. The second respondent is the brother of the deceased Saravanammal @ Rosy. IT is stated that taking advantage of his illness, the second respondent kidnapped his grand-daughter Varsha without his consent and knowledge. The same was reported to the first respondent. In the absence of proper action by the first respondent, according to the petitioner, having no other remedy, filed the present petition invoking jurisdiction under Article 226 of the Constitution of india.