SABIHA BEGUM Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is the biological mother of the minor children, namely Z.Safaa Tamanna - daughter, aged about 9 years and Z.Fardeen Ahmed - son aged about 5 years and she came forward to file this Habeas Corpus Petition alleging that the fourth respondent, who is her husband, had barged into her parental home and took the detenus and her children forcibly without consent and permission and in the process, had also broke open the cupboard and stolen 80 grams of gold gifted to her by her parents, original property documents belonging to her situated in Manavur and also the car which was jointly purchased by him and the fourth respondent.

(2.) In the affidavit filed in support of the said writ petition, the petitioner would aver among other things that she is a Commerce Graduate and she got married to the fourth respondent on 13.05.2007 according to Islamic Sunni Rites and Customs and it was a love marriage and out of wedlock, two children/detenus were born. The petitioner would further aver that initially her matrimonial home was at Muthialpet, Chennai-600 001 and at the request of the fourth respondent, she shifted her residence from her in-laws house at Muthiyalpet and thereafter, the fourth respondent requested her to reside along with her parents house at Pallavaram, however, he did not honour it and used to visit her occasionally to the parental house and he did not financially and morally support her. The daughter of the petitioner was initially admitted in a Kindergarden at Holy Queen School, Nagalkeni, Chrompet and subsequently admitted at Vels Vidyashram Senior Secondary School and they were given education as well as extra curricular activities.

(3.) It is further averred by the petitioner that the fourth respondent ever since Jan. 2018, started picking up quarrels and also threatened her to apply for divorce as he had plans to remarry and however, she kept quiet on account of the family and children interest. The fourth respondent also spread rumours as if the petitioner is leading an adulterous life. It is also averred by the petitioner that on 22.03.2018, the fourth respondent barged into her house and took the children illegally and in the process, stolen jewels, property documents and articles. The petitioner immediately lodged an on-line complaint and thereafter, decided to lodge a full fledge compliant and approached the Pallavaram Police Station, which refused to receive the complaint and directed her to approach the All Women Police Station, Tambaram, which in-turn directed her to approach the Muthialpet Police Station and accordingly, she lodged a complaint.