R. Francy Salmona v. Deputy Commissioner of Police
2025-06-05
M.S.RAMESH, V.LAKSHMINARAYANAN
body2025
DigiLaw.ai
ORDER : M.S.RAMESH, V.LAKSHMINARAYANAN, JJ. Claiming that the petitioner's minor son has been illegally detained by the 4th and 5th respondent, who are the petitioner's sister in law and husband respectively, the present Habeas Corpus Petition has been filed. Earlier, the petitioner had filed similar Habeas Corpus Petitions in H.C.P.No.933 of 2023, claiming custody of her five year old minor son. Likewise, in H.C.P.No.1809 of 2023, she has sought for production of her minor daughter from the custody of her husband. In H.C.P.No.933 of 2023, certain liberties were given to the parties to approach the concerned District Court for invoking provisions of the Guardian and Wards Act, 1890. The said directions read as follows: "6. In the light of the narrative thus far, it emerges clearly that it is a case of marital discord between petitioner and third respondent and a further case of tussle between two parents for custody of a minor child i.e. son absentee. Therefore, we make the following order: (a) We are informed that O.P.No.89 of 2023 on the file of District Court, Chengalpet, is scheduled to be listed on 27.07.2023. We are informed that third respondent before us is the sole respondent and has entered appearance through counsel. With the consent of petitioner and third respondent, we request learned District Judge to advance the hearing to 03.07.2023, Monday. Petitioner and respondent i.e. petitioner and third respondent before us along with son absentee shall be present before learned District Judge for further adjudication; (b) It is open to the parties to move a suitable application before learned District Judge, Chengalpet regarding custody of son absentee; (c) It is open to the parties to move the jurisdictional GAWA Court (to be noted, GAWA stands for Guardian and Wards Act, 1890) but we express no opinion this course of action; (d) The criminal complaint i.e. Crime No.45 of 2023 on the file of second respondent shall proceed on its own merits and in accordance with law. The same shall be carried to its logical end as expeditiously as the official business of second respondent would permit; (e) If any of the parties do not appear before learned District Judge, Chengalpet, on 03.07.2023 in breach of this consent order, it is open to learned District Judge, Chengalpet, to take suitable action in law.
The same shall be carried to its logical end as expeditiously as the official business of second respondent would permit; (e) If any of the parties do not appear before learned District Judge, Chengalpet, on 03.07.2023 in breach of this consent order, it is open to learned District Judge, Chengalpet, to take suitable action in law. (f) Learned District Magistrate, Chengalpet, shall deal with the matter and prayer before the Court on its own merits and in accordance with law untrammelled by this order, which has been made for the limited purpose of a habeas corpus legal drill. To be noted, this will apply to GAWA Court also, if the Court is moved. 2. In H.C.P.No.1809 of 2023, the father/5th respondent herein was given visitation rights to visit his minor daughter in the place of her school or any common or public place with prior intimation to the petitioner. The relevant portion of the order is as follows: "7. The petitioner, who is now present before this Court though expressed her serious objections to permit the third respondent to have temporary custody, however, agreed for the third respondent/father to visit the child either in the place of her school or any common or public place with prior intimation to the petitioner. 8. It is made clear that the meeting place shall be detenue's school or any other place that is either common to both or a public place with the due concurrence of the petitioner. It is also open to the husband/third respondent to file a petition under the Guardian and Wards Act, 1890, for appropriate further relief. This arrangement is only temporary and for a period of three months from today. 9. Further, the third respondent shall cooperate if his assistance, coordination or cooperation is required for withdrawing the child from the present school in Chennai and to give admission to the school at which she was earlier studying i.e. Sir Vijay Vidyalaya School, Hosur, as the said school already has given a bonafide certificate that they are prepared to admit the child back to their school. 10. It is also open to the petitioner to permit the third respondent to come to her house and take the child.
10. It is also open to the petitioner to permit the third respondent to come to her house and take the child. During Christmas and Pongal holidays, the third respondent is permitted to take the child from 10.30 a.m. and to hand over the child before 6.00 p.m. on any one day of each spell. 3. Pursuant to the aforesaid directions, the petitioner herein had also preferred G.W.O.P.No.569 of 2024 before this Court and the same is pending. It is now alleged by the petitioner that the 5th respondent is not facilitating conducive atmosphere for visiting her daughter. Likewise, the 5th respondent, makes a similar allegation that the petitioner is not permitting him to see his minor son. 4. In the light of such allegations, when we had suggested that a specific place could be arranged for both the parties to visit their minor children, the petitioner as well as the 5th respondent, who are physically present before this Court, had offered to meet their children at V.R.Mall, Anna Nagar, Chennai, on every Saturday between 10.00 a.m. and 1.00 p.m. 5. In view of the above suggestions given by the petitioner as well as the 5th respondent herein, the earlier order of this Court passed in H.C.P.No.933 of 2023 and H.C.P.No.1809 of 2023, so far as it relates to visitation rights, stand modified by consent as hereunder: i) The petitioner herein shall facilitate the presence of her minor daughter at V.R.Mall in Chennai, No.44, Pillaiyar Koil Street, Jawaharlal Nehru Road, Anna Nagar, Chennai 600 040, on every Saturday from 10.00 a.m. to 1.00 p.m. and permit the 5th respondent herein to interact with the children without any disturbance or other hindrances. ii) Likewise, the 5th respondent herein shall also facilitate the presence of his minor son at V.R.Mall in Chennai, No.44, Pillaiyar Koil Street, Jawaharlal Nehru Road, Anna Nagar, Chennai 600 040, on every Saturday from 10.00 a.m. to 1.00 p.m. and permit the petitioner herein to interact with the children without any disturbance or other hindrances. iii) During such visitation, both parties shall create a conducive atmosphere to spend time with the children and shall not create any nuisance or other hindrances to each other. iv) The present order is being passed, without prejudice to the rights of both parties in the proceedings pending in G.W.O.P.No.569 of 2024. 6. This Habeas Corpus Petition stands disposed of accordingly. No costs.