Mother filed habeas corpus seeking custody of her 11-month-old child allegedly taken away by the husband's family. In court, the husband refused to take back his wife but handed over the child to the petitioner. The child was reunited with the mother and the petition was closed.
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HCP(MD). No.1276 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE Mr.JUSTICE R.VIJAYAKUMAR
HCP. (MD). No.1276 of 2025
R. Abinaya ... Petitioner
Vs
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HCP(MD). No.1276 of 2025
... Respondents
PRAYER :-Habeas Corpus Petition is filed to direct the respondents 1 and 2 herein to produce the body or person of a detenue namely Thugilan M/o. Abinaya aged about 11 months herein before this Court and hand over the custody to the petitioner.
For Appellant : Mr.S.Ramsundarvijayraj For Respondents : Mr.A.Thiruvadikumar for R1 and R2 Mr.Vasanthakumar for R3 to R6
ORDER
(Order of the Court was made by C.V.KARTHIKEYAN, J.)
The petitioner is present. The third respondent is her husband. The 4th respondent is the father-in-law. The 5th respondent is the mother-inlaw. The 6th respondent is the brother-in-law. Among all respondents,
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HCP(MD). No.1276 of 2025
the 6th respondent has no right to interfere with the brother's marital life. There seems to be a dispute, which had arisen between the petitioner and the third respondent and two separate versions are given, namely, she abandoned the eight months old child and left the matrimonial home. The other version is that the third respondent herein had plucked her child away from her. She is a feeding mother and the child requires the care and comfort of the mother/petitioner herein.
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HCP(MD). No.1276 of 2025
been reunited with the petitioner and the Habeas Corpus Petition stands
closed.
[C.V.K,J] [R.V,J]
03.11.2025
NCC : Yes/No Index : Yes/No
RR To
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
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HCP(MD). No.1276 of 2025
C.V.KARTHIKEYAN J. AND R.VIJAYAKUMAR, J.
RR
ORDER IN HCP (MD) No.1276 of 2025
Date : 03.11.2025
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1 issue framed by the court
Whether the detenue child aged about 11 months should be produced and custody handed over to the petitioner mother.
R. Abinaya
The State of Tamil Nadu, Rep. by the Superintendent of Police, Dindigul
State of Tamilnadu Rep by Inspector of Police, Awps-Kodaikanal Police Station
B. Ranil Vikram
Balentheeran
B.Lakshmi
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
