Dismissed¶29

Kavin v. The State of Tamil Nadu

Madras HC10 Jan 2025HCP(MD)/2/2025

Case brief

AI extract

What is this about?

Habeas corpus dismissed; minor detenue Divyadharshini (16½ years) residing happily with maternal grandparents; no illegal detention; detenue's stated wish to stay with grandparents respected; petition by brother Kavin under Article 226 Constitution of India; Madurai Bench of Madras High Court; H.C.P.(MD)No.2 of 2025; decided 10.01.2025 by G.R.Swaminathan, J. (for the bench) and R.Poornima, J.; respondents: State of Tamil Nadu (SP Sivagangai; Inspector, Karaikudi PS) and S.Ramu; no costs, no quantum.

What did the court decide?

Upon production of the detenue and interaction with the grandmother, the Court found the detenue to be quite happy and being brought up well by her maternal grandparents. ¶24

Kavin Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

¶1

H.C.P.(MD)No.2 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 10.01.2025

¶4

CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

¶6

H.C.P.(MD)No.2 of 2025

¶7

Kavin

¶8

... Petitioner / Brother of the detenue

¶9

Vs.

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1.The State of Tamil Nadu rep. by The Superintendent of Police, Sivagangai District, Sivagangai.

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2.The State of Tamil Nadu Rep. by The Inspector of Police, Karaikudi Police Station, Sivagangai District.

¶12

3.S.Ramu ... Respondents

¶13

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 to 3 to produce the person or body of the detenue / petitioner's sister namely Divyadharshini aged about 16 ½ years D/o.Muruganandham before this Court and direct the third respondent to hand over the custody of the child to the petitioner.

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¶15

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

¶16

H.C.P.(MD)No.2 of 2025

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For Petitioner : Mr.Velmurugan

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For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor for R1 & R2

¶19

: Mr.S.Palanivelayutham for R3

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

¶22

Heard both sides.

¶23

The petitioner is the brother of the detenue. The detenue is

¶24

presently with her maternal grandparents. The petitioner would allege that the detenue is not being treated properly and that she is being detained against her will. We issued notice. The detenue was produced before us. We are able to see that the detenue is quite happy and is being brought up well by her maternal grandparents. We also had an interaction with the grandmother.

¶25

We are satisfied that it is not a case of illegal detention. The detenue made it clear to us that she wants to continue to be only with her grandparents.

¶26

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¶27

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

¶28

H.C.P.(MD)No.2 of 2025

¶29

The Habeas Corpus Petition is dismissed.

¶30

(G.R.S. J.,) & (R.P. J.,) 10.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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To:-

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1.The Superintendent of Police, Sivagangai District, Sivagangai.

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2.The Inspector of Police, Karaikudi Police Station, Sivagangai District.

¶35

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

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3/4

¶37

H.C.P.(MD)No.2 of 2025

¶38

G.R.SWAMINATHAN, J. and R.POORNIMA, J.

¶39

rmi

¶40

H.C.P.(MD)No.2 of 2025

¶41

10.01.2025

¶42

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

¶43

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Kavin v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Kavin v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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