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2006 DIGILAW 1609 (MAD)

Mariya Jacqueline Browne v. State rep. by Inspector of Police & Another

2006-07-03

P.SATHASIVAM, V.DHANAPALAN

body2006
Judgment :- (Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Habeas corpus as stated therein.) P. Sathasivam, J. The petitioner, Mariya Jacqueline Browne has filed the above petition for direction to the respondents to produce the body of her children, viz., (i) Baby Angilica Browne and (ii) Master Rajeston Browne before this Court and hand over their custody to her. 2. In view of the information that these two children were handed over to the second respondent, who is none else than their father, by filing a joint memo before the First Additional Family Court, Chennai, we directed the presence of the second respondent. Pursuant to the same, the second respondent by name Gerald Christopher Browne appeared before us. We enquired him. He also supported the above statement. He further informed us that both the children are studying in a School at Coonoor and it is he who bears all the educational expenses and according to him both the children are happy. 3. In addition to his statement, the mother of the petitioner by name Luszy also appeared before this Court. We also enquired her. She supported the stand taken by the second respondent and also informed us that both her grand children are being maintained by the second respondent and they are studying in a School at Coonoor. 4. In the light of the above details and of the fact that the petitioner has also divorced the second respondent and getting maintenance, we are of the view that no further adjudication is required in this petition. Further, she is free to move the appropriate forum, if she so desires to have the custody of her minor children. With the above observation, this petition is dismissed.