Mother filed habeas corpus seeking custody of her one-year-old daughter from the father and paternal grandmother. The court found the child was not in unlawful custody and that the petitioner had already sought custody in GWOP.No.1384 of 2025 before the Family Court, Madurai. The petition was dismissed as misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.(MD)No.1104 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
H.C.P.(MD)No.1104 of 2025
A.Jayashree ... Petitioner
vs.
1.The Commissioner of Police, O/o.The Commissioner of Police, Azhagar Koil Main Road, K.Pudur, Madurai – 7.
2.The Inspector of Police, Thilagar Thidal All Women Police Station, Thilagar Thidal, Madurai – 1.
3.T.Ganesh Kumar 4.T.Kumari
... Respondents
PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue writ of Hebeas Corpus directing the respondents 1 to 2 herein to secure and produce the body or person detenue namely Viruthikashini, one-year old minor female daughter of the petitioner before this Court and transfer the custody of one-year old minor female daughter of the petitioner before this Court and transfer the custody of one-year old minor female child Viruthikashini from the third and fourth respondents to petitioner.
1/4
H.C.P.(MD)No.1104 of 2025
For Petitioner : M/s. Dharani For R1 & R2 : Mr.A.Thiruvadikumar Additional Government Pleader For R3 : M/s.Muthumeena
O R D E R
( Order of the Court was made by C.V.KARTHIKEYAN, J.)
This Habeas Corpus Petition has been filed by a mother complaining that
her 1 year old female child had been taken away by her husband/the third respondent and the mother-in-law/the fourth respondent.
2. Seeking custody of the said child, the third respondent has already filed GWOP.No.1384 of 2025 before the Family Court, Madurai and the next hearing date is 27.09.2025. The child is not in unlawful custody and this petition is misconceived. The petitioner has to work out her remedy before the Family Court, Madurai, in GWOP.No.1384 of 2025. This petition is dismissed.
(C.V.K., J.) (R.V., J.) 11.09.2025
NCC : Yes/No Index : Yes / No Internet : Yes / No CM
2/4
H.C.P.(MD)No.1104 of 2025
To
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3/4
H.C.P.(MD)No.1104 of 2025
C.V.KARTHIKEYAN, J. and R.VIJAYAKUMAR, J.
CM
H.C.P.(MD)No.1104 of 2025
11.09.2025
4/4
1 issue framed by the court
Whether a habeas corpus petition lies for custody of a one-year-old child who is not in unlawful detention, when custody proceedings are pending before the Family Court.
1 provisions across 1 enactments
A.Jayashree
The Commissioner of Police, O/o.The Commissioner of Police, Azhagar Koil Main Road, K.Pudur, Madurai - 7
The Inspector of Police, Thilagar Thidal All Women Police Station, Thilagar Thidal, Madurai - 1
T.Ganesh Kumar
T.Kumari
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
