O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The habeas corpus petition has been instituted to direct the Inspector of Police, Nolambur Police Station, Chennai, to produce the detenu Ethan aged
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11 years from the illegal custody of the respondents 6 and 7 confined at No.20, Ebenezer Avenue, Kalamegam Road, Mogappair West, Chennai - 600 037, before this Court and hand over to the petitioner.
2. The petitioner is now residing in Australia. She appeared through video conferencing and made a submission that the minor boy should be handed over to her.
3. The minor boy name Ethan is presently residing with his father and his grandparents are also supporting the 6threspondent and the minor boy.
4. We have examined the minor boy, who in turn states that he is willing to stay with his father. Under these circumstances, we found that the minor boy is not under illegal detention and with the custody of the biological father and thus, the petitioner is at liberty to move the appropriate Court of Law for the purpose of seeking custody, visitation rights, etc., in the manner known to law.
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5. With this liberty, the Habeas Corpus Petition stands disposed of.
[S.M.S., J.] [A.D.M.C.,
J.]
27.09.2024
Jeni Index : Yes Neutral Citation : Yes Speaking order / Non-speaking order To
1.The Commissioner of Police, The State of Tamil Nadu,
Greater Chennai Police,
Vepery, Chennai - 600 007. 2.The Inspector of Police, The State of Tamil Nadu,
Nolambur Police Station,
Chennai - 600 037.
3.Indian High Commission, 3-5 Moonah P1, Yarralumla Act 2600, Canberra, Australia.
4.Australian Consulate - General, 9thFloor, Express Chambers, Express Avenue, 49, 50L Whites Road, Royapettah, Chennai 600 014.
5.Embassy of India,
2107 Massachusetts Avenue,
NW Washington, DC 20008,
USA.
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S.M.SUBRAMANIAM, J.
and
A.D.MARIA CLETE, J.
Jeni
H.C.P.No.2293 of 2024
27.09.2024
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