M KARUPPIAH S/O MUTHU Vs. THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE; THE SUPERINTENDENT OF POLICE AND JOTHI W/O KARUPPIAH

JUDGEMENT

(1.) Alleging that his minor children, Muthulakshmi (minor daughter aged 8 years) and Palanikumar (minor son aged 4 years) are in illegal detention of his wife, the petitioner/father of the minor children, has filed this Habeas Corpus Petition seeking for a direction for causing production of the minor children.

(2.) According to the petitioner, while he was in abroad, with the help of money sent by him, the third respondent got a lot of friendship and that she had not taken care of the children. He had admitted the first detenu in Vivekananda Middle School in the Second Standard and the second detenu in LKG in R.M. Meyyappa Chettiyar Matriculation School. The third respondent along with the assistance of some identifiable persons have gone to the School and kidnapped the detenus regarding which an F.I.R. Was also registered in Crime No. 18/2009 for the offence under Section 363 of the I.P.C.

(3.) The learned Counsel for the petitioner has submitted that the petitioner was working in Singapore from 2004 and that he used to send money to the wife and the children and that the petitioner had always taken interest in the welfare of the minor children/detenus and that, now the petitioner got himself relieved from the foreign job and obtained employment within his own District. In such circumstance, the learned Counsel for the petitioner submitted that continued illegal custody of the minor children with the third respondent would be prejudicial to the interest of the minor children. Placing reliance upon, Syed Saleemuddin v. Dr. Rukhsana,2001 Scc(Crl) 841 it was submitted that any Habeas Corpus Petition seeking transfer of custody of children from mother to father taking into consideration the welfare of the children is well maintainable.