G. Ramadurai vs The Superintendent of Police

S. Rajeswaran, J.—This petition has been filed by the father to produce his son Master R.Rudhran, aged about 7 years before this Court who is in the illegal custody of the third respondent herein, who is none other than the wife of the petitioner and set him at liberty to pursue his education at Indu International School, Erode. The respondents 4 to 6 are close relatives of the third respondent.

Today the detenu/minor has been produced by the third respondent before this Court. The third respondent is represented by a learned counsel. The petitioner is also present before this Court.

On enquiry, we found that the third respondent is an Assistant Professor working in a reputed college at Ariyalur and getting a fair salary. The petitioner is a cable operator by profession. The petitioner and the third respondent have got two children. The eldest child is a girl child and she is studying III Standard and she is in the custody of the third respondent/her mother. Since, the petitioner and the third respondent are having differences of opinion, already, HMOP proceedings have been initiated by the petitioner/husband in HMOP No. 55 of 2014 before the Subordinate Court, Ariyalur for divorce against his wife/the third respondent herein.

In the interest and welfare of the minor child Master R.Rudhran, it is not advisable to put him in a residential school as suggested for by the petitioner and since, already the eldest girl child is with the third respondent and studying III Standard and since the third respondent is an Assistant Professor and getting a reasonable salary, when the mother of the minor child is very much available and interested to take the minor child Master R.Rudhran to her custody and willing to get admission for her son in a school at Ariyalur itself and since the petitioner is also residing at Ariyalur, we are inclined to pass the following order:-

(i) The minor child Master R.Rudhran is handed over to the custody of the third respondent/mother and wife of the petitioner herein;

(ii) If the petitioner is desirous of having the custody of the child/children, it is for him to take appropriate proceedings before the appropriate Court;

(iii) Until an order is passed by a competent Court at the instance of either the petitioner or his wife/the third respondent, visitation right is given to the petitioner to see the minor son Master R.Rudhran, on every Saturday and Sunday between 10.00 am and 1.00 pm, commencing from 27.09.2014. The petitioner is advised not to take the minor child out of the house of the third respondent during such visitation;

(iv) The third respondent and her relatives and others in her house, should do everything that would facilitate the petitioner/father in meeting and being with the detenu son as above mentioned;

(v) This visitation right to the father/petitioner herein shall continue only for three months from today and within that period, the petitioner/father should move the competent court and get an order or else, after three months, he would loose his right of visitation.

(vi) The petitioner is further directed to get the Transfer Certificate of the minor son Master R.Rudhran from the school where he studied last and hand over the same to the third respondent to enable her to get admission in a school at Ariyalur and pursue his studies without any interruption.

With the above directions, the Habeas Corpus Petition is closed.