S.Murugalakshmi v. The Deputy Commissioner of Commissioner of Police
Habeas Corpus – child custody
Case brief
What is this about?
Madras High Court, H.C.P.No.1003 of 2025, order dated 13.08.2025 by M.S. Ramesh, J. (bench with V. Lakshminarayanan, J.): habeas corpus writ petition under Article 226 by mother S.Murugalakshmi for custody of 3-year-old son Vivan from respondents including Deputy Commissioner of Police, Avadi, Inspector of Police, Mangadu, and private respondents 3-6 (Esthar, Thangaraj, Anandh, Karthick); interim order 09.06.2025 citing Section 6, Hindu Minority and Guardianship Act, 1956 gave custody to mother with father's visitation on prior notice; father did not visit or call; final order closed the petition retaining custody with mother, preserving father's visitation right on prior notice, no costs.
What did the court decide?
Habeas Corpus Petition stood closed; custody of the 3-year-old minor son Vivan retained with the petitioner/mother, who was observed entitled to custody; the fourth respondent/father at liberty to visit his minor son as and when required after prior notice to the petitioner; no order as to costs.