R GANDHI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner by name R. Gandhi, has filed this habeas corpus petition seeking direction to the first respondent, Inspector of Police, W2, All Women Police Station, Triplicane, Chennai City for production of his minor daughter Nithya Shri, from the illegal custody of the second respondent before this Court.

(2.) IT is not in dispute that the second respondent is none else than the wife of the petitioner and mother of the detenue minor Nithya Shri. It is also admitted that the minor girl is aged about three years. In such circumstances, we are of the view that it cannot be claimed/contended that the detenue is under the illegal custody of second respondent. As said earlier, the second respondent is none else than the mother of the minor detenue. On going through the averments stated in the affidavit filed in support of the above petition, we are of the view that the grievance expressed by the petitioner cannot be gone into by this court in a habeas corpus petition. The petitioner is free to vindicate his grievance before the appropriate forum/court. With the above observation, this petition is dismissed.