JUDGMENT V. Dhanapalan, J. 1. This Habeas Corpus Petition is filed, seeking for a direction to the respondents 1 to 6 to produce the petitioner's wife and two sons viz., Mrs.Astalakshmi, aged about 34 years K.V.Srinivasan and K.V.Sriarivandan, aged 13 and 7 respectively before this Hon'ble Court on the day fixed by this court. 2. In the petition, it is averred that the petitioner got married to Mrs.Astalakshmi/detenue, D/o. Mr. C.S.Ranganathan on 01.05.2000. Out of wedlock, they were blessed with two male children, namely, Master K.V.Srinivasan now aged about 13 years and Master K.V.Sriarivandan, aged about 7 years. It is also stated that in the year 2012, due to misunderstanding that preponderated between the petitioner and his wife, the detenue filed a divorce petition before Family Court. 3. It is further averred in the petition that on account of frequent interference by the second respondent into their family life, the petitioner lodged a complaint with the first respondent. Since no effective action was taken on the said complaint, he approached this Court by way of filing Crl.O.P.30878 of 2012, praying for registration of a case against the second respondent and this Court directed the first respondent to consider the complaint of petitioner dated 01.11.2012 and investigate the same in accordance with law. 4. It is alleged that since the petitioner does not know the whereabouts of his wife and children and there is also possibility of being kidnapped by the second respondent, the petitioner is before this Court seeking for the above direction, after making necessary complaint. 5. The learned Additional Public Prosecutor produced the detenue, namely, Mrs.Astalakshmi and her younger son Master K.V.Sriarivandan before this Court on 03.06.2013. On the very same day, the petitioner produced a copy of the original petition in O.P.No.115 of 2012 filed by the detenue before the II Additional Family Court, Chennai, which stood dismissed for default. Taking into account the same, the matter was ordered to be posted today for filing compiled documents and also for production of her elder son Master K.V.Srinivasan. Accordingly, the detenue Mrs.Astalakshmi and her two minor children K.V.Srinivasan (aged 13 years) and Master K.V.Sriarivandan (aged 7 years) have been produced in this Court today. 6. On enquiry with the detenue Mrs.Astalakshmi, it is found that Mrs.Astalakshmi, wife of the petitioner is resolute in not getting reunited with her husband. Accordingly, the detenue Mrs.Astalakshmi and her two minor children K.V.Srinivasan (aged 13 years) and Master K.V.Sriarivandan (aged 7 years) have been produced in this Court today. 6. On enquiry with the detenue Mrs.Astalakshmi, it is found that Mrs.Astalakshmi, wife of the petitioner is resolute in not getting reunited with her husband. She has also stated before this Court that due to several problems, she has filed O.P.No.115 of 2012 for dissolution of marriage, on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act. She has further stated that even though the said petition was dismissed for default, she has taken steps to restore it through her counsel and will pursue the matter before the concerned court. She once again expressed her unwillingness to go with her husband because of continued torture and cruelty committed on her by him. 7. We have also enquired the detenus/two minor children, namely, Master K.V.Srinivasan and Master K.V.Sriarivandan, who have stated that they are at present staying with their mother at Door No.284, Thiru-vi-ka Street, Guduvanchery, Chennai602 203. They have also informed that while the former is undergoing studies in the Jayanthi Janakiraman Padasalai, Thirunangur, Sirgazhi Taluk, run by Muralidhar Swamigal, the latter is studying in Bharathiyar Matriculation School, Guduvanchery. Both the children have deposed that they are comfortable with their mother and not at all willing to go with their father/petitioner herein. Thereafter, the petitioner was also enquired by this Court, who requested this Court to hand over the custody of two children alone to him. 8. In the light of the above stated position and also taking into consideration the fact that the detenue and her minor children are not prepared to go with the petitioner, this Court is not in a position to arrive at a conclusion in respect of the custody of two minor children as of now, as the question of entrustment of children will have to be decided by the competent Court having jurisdiction. Insofar as the detenue Mrs.Astalakshmi/wife of the petitioner is concerned, she is aged about 34 years and is comfortably living at the address given above. Taking into account the fact that she has already moved the concerned Family Court to set aside the order of dismissal and to proceed further with the matter, we are of the considered opinion that she is not under anybody's illegal custody. Taking into account the fact that she has already moved the concerned Family Court to set aside the order of dismissal and to proceed further with the matter, we are of the considered opinion that she is not under anybody's illegal custody. Therefore, she is set at liberty as per her own wishes and to continue to live in the same address. 9. As regards two minor children, on scrutiny of their statement, it is apparent that they are living with their mother happily and also not willing to go with their father. Therefore, we allow them to stay with their mother Mrs.Astalakshmi at the aforesaid address. 10. It is made clear that it is always open to the petitioner and detenue to approach the competent jurisdictional Court for determination of the custody of children and if so advised, pursue the matrimonial case, which was dismissed for default, in the manner known to law. Till such time, the petitioner shall not give any kind of disturbance to the detenue Mrs.Astalakshmi and the two minor children. The other rights of the petitioner, if any, shall be claimed only before the concerned Court having jurisdiction. 11. With the above observation and direction, this Habeas Corpus Petition is disposed of.