The High Court of Madras (Madurai Bench) has disposed of the habeas corpus petition, observing that where the wife chooses to go from the matrimonial home, nothing much can be done in a habeas corpus petition, and directed the police to find the whereabouts of the minor children and produce them before the magistrate.
The case arose from a habeas corpus petition filed by the petitioner husband seeking production of his wife and two minor children, aged about 3.5 years and 2 years, who had gone missing from March 6, 2026. In spite of the best efforts, the petitioner could not trace the whereabouts of them and thereafter lodged a complaint. However, the raised grievance was that no effective steps were being taken and that there was a grave danger in the hand of the third respondent.
The Additional Public Prosecutor has submitted that the detenue seems to have developed an illicit relationship with the third respondent and has gone along with him, taking the children. However, the petitioner has submitted that he was more concerned about the welfare of the two children and sought appropriate directions for their production.
Hearing the petition, the bench of Justice N. Anand Venkatesh and Justice P. Dhanabal noted that insofar as the detainee is concerned, if she chooses to go along with the third respondent, nothing much can be done in a habeas corpus petition, and the petitioner has to necessarily work out his remedy before the concerned court. However, the court expressed concern regarding the minor children who had been taken away.
Accordingly, the court directed the second respondent to find the whereabouts of the detainee and two minor children and produce them before the Judicial Magistrate, Alangulam, as expeditiously as possible. Further, the magistrate was directed to record the statement of the detainee and, insofar as two children are concerned, to interact with them and take a decision in accordance with the law. The petitioner was directed to be put on notice at the time of such production, and a report was directed to be submitted to the Court. Thus, the habeas corpus petition was disposed of.
Appearance
For Petitioner- Advocate V.M. Jegadeesha Pandian
For Respondents- Additional Public Prosecutor A. Thiruvadi Kumar
