Disposed¶33

Jafarullakhan v. The Commissioner of Police

Madras HC12 Aug 2025HCP/1094/2025

Case brief

AI extract

What is this about?

habeas corpus; child custody; minor daughter aged 8; detenue Jamarath Banu; paternal aunt Barjana Banu; visitation rights; interim custody one month per year; school summer holidays; prior intimation; mediation failed; Mediation and Conciliation Centre; Article 226 Constitution of India; writ; Madras High Court; HCP.No.1094 of 2025; consent arrangement; no costs; Jafarullakhan; Mohammed Ali Jinna; Esplanade police station respondents.

What did the court decide?

Custody of the minor child directed to be handed over to the petitioner; the fourth respondent permitted to visit the child as and when required after prior intimation and to have interim custody for at least a month in a year, preferably during school summer holidays; petition closed with no costs. ¶33

Jafarullakhan Vs The Commissioner of Police — Writ and Judicial Review | Madras HC (2025)

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HCP.No.1094 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :12.08.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH AND

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THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN

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H.C.P.No.1094 of 2025

Jafarullakhan

... Petitioner

Vs.

1 The Commissioner of Police City Commissioner Office Vepperi Chennai.

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2 The Assistant Commissioner of Police, Assistant Commissioner Office, B-2, Esplanade police Station Compound, Chennai.

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3 The Inspector of Police, B-2 Esplanade Police Station, Chennai.

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4 Barjana Banu

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5 Mohammed Ali Jinna ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the detenue Jamarath Banu aged 8 years daughter of the petitioner herein before this Court and hand over her custody to the petitioner.

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https://www.mhc.tn.gov.in/judis

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HCP.No.1094 of 2025

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For Petitioner : Mr.R.Sivaraman For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor Mr.T..Tamizhmani for R4 & R5 ORDER

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(Order of the Court was delivered by M.S. RAMESH, J.) Claiming custody of the petitioner's 8 years old daughter who is right

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now under the care and protection of the 4^th respondent, this Habeas Corpus

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Petition has been filed.

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2. The 4^th respondent is the paternal aunt of the petitioner's daughter.

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In order to amicably resolve the dispute among the parties, we have referred the matter to the Mediation and Conciliation Centre attached to this Court for mediation which ended up failure.

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3. In this background when the Habeas Corpus Petition was listed today, the learned counsel for the petitioner submitted that he is willing to permit the 4^th respondent to visit his minor child as and when required and even the interim custody of the child can be handed over to the 4^th respondent for 30 days in a year.

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https://www.mhc.tn.gov.in/judis

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HCP.No.1094 of 2025

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4. The 4^th respondent who is physically present before us, has also

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agreed for such an arrangement.

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5. In the light of the submissions made, the custody of the minor child is directed to be handed over today to the petitioner. The 4^th respondent is at liberty to visit the petitioner's child as and when required after giving prior intimation to the petitioner. This apart, the 4^th respondent is also at liberty to have interim custody of the child for atleast a month in a year, preferably during the School summer holidays.

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6. With the above observations, this Habeas Corpus Petition stands

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closed. No costs.

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[M.S.R., J] [V.L.N., J] 12.08.2025

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Index: Yes/No Speaking Order/ Non Speaking Order Neutral Citation : Yes/No vum

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https://www.mhc.tn.gov.in/judis