Rajeswaran v. The State of Tamil Nadu
Habeas Corpus (Article 226, Constitution of India) – Custody of minor girl aged about 6 years
Case brief
What is this about?
Madras High Court, Madurai Bench; H.C.P.(MD) No.233 of 2025; decided 19.02.2025 by Dr. Justice G. Jayachandran and Ms. Justice R. Poornima. Father's habeas corpus petition under Article 226 for production and custody of his 6-year-old daughter Vijayakalpana, alleged to be illegally detained by the third respondent Thozhan (maternal grandfather); respondents 1 and 2 were the Superintendent of Police, Palani and the Inspector of Police, Neikarapatti Police Station. Court found the child was in the maternal grandfather's custody even before the mother's accidental death (23.01.2025) and was not in illegal custody; father told to seek custody before the appropriate forum; petition dismissed.
What did the court decide?
The Court is satisfied that the minor child is with the third respondent, who is her maternal grandfather, and the child had been in the custody of the third respondent even before the death of the child's mother.