DAKSHINA MOORTHY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner is the father of the detenu by name D.Ajai aged about six years. It is alleged in the affidavit that, after the death of his wife on 20.08.2005, the petitioner entrusted the custody of his children namely D.Anbu Meenal and D.Ajai, aged about 12 and 6 years respectively, with his Co-brother, sister and brother-in-law since he was working at Dubai. A family arrangement has been made whereby, Rs.4 lakhs was deposited in the name of his daughter and Rs.2 lakhs in the name of his son with the State Bank of India, Thiruppathur Branch, towards their educational and other expenditure. It is further stated that when he returned back on 16.07.2008, it was informed to him that his daughter is staying with the grand mother by name K.Alagammal and studying 6th standard in the Government High School at D.Mampatty Village, Eriyoor, Tiruppathur Taluk, Sivagangai District and when he questioned respondents 3 to 5 about his son/detenu, they refused to inform his whereabouts. Since his efforts to trace his son did not yield any result, the present Habeas Corpus Petition has been filed before this Court.

(2.) LEARNED counsel for the petitioner submits that the petitioner returned back to India and settled in D.Mampatti Villaage, Eriyoor, Thiruppathur Taluk, Sivagangai District. Though it has been promised that the 5th respondent brother-in-law of the petitioner would take care of the children, they were entrusted with the mother-in-law. Since the petitioner is the natural guardian of the minor children in the absence of the mother and he needs their custody, the present Habeas Corpus Petition has been filed for production of minor son Ajai and permitting the petitioner to take custody of both the minor children.

(3.) WITH such direction, the Habeas Corpus Petition is closed.