Petitioner filed a habeas corpus petition seeking production of his minor son from Respondent 3's custody. The Court declined to grant relief, stating the child's interest precludes separation from the mother at age two.
Petitioner's prayer for habeas corpus to produce the child from the custody of the third respondent (mother) was declined.
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.55 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.55 of 2025
A.Karthikeyan
... Petitioner / Father of Detenu
Vs.
4.M.Kannan ... Respondents
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 and 2 herein to produce the body or person of petioner's minor son Maha Auruthran, S/o.A.Karthikeyan, aged 2 years, from the
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H.C.P.(MD)No.55 of 2025
illegal custody of the 3rd respondent herein, before this Court and hand
over the son Maha Auruthran aged 2 years, to the custody of the
petitioner for continuous medical treatment in the interest of minor child.
For Petitioner : Mr.K.Appadurai
For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 & R2.
O R D E R
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The petitioner got married to the third respondent. A child by
name Maha Aurutharan was born through the wedlock. The third respondent is said to have left the marital home a few months back. The petitioner has made certain allegations against the third respondent. He has gone to the extent of accusing the third respondent that she has eloped with the fourth respondent. The third respondent however denies the said allegation. The third respondent claims that she is with her parents. The third respondent's father is also present before us. He states that he will not have any objection for the petitioner to come to see the
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H.C.P.(MD)No.55 of 2025
child. The child is aged about two years. It may not be appropriate to separate the child from the mother. It is for this reason, we decline to grant relief as sought for. The petitioner may have to work out his rights elsewhere.
3.This habeas corpus petition is disposed of accordingly.
(G.R.S. J.,) & (R.P. J.,) 20.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:-
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H.C.P.(MD)No.55 of 2025
G.R.SWAMINATHAN, J. and R.POORNIMA, J.
ias
H.C.P.(MD)No.55 of 2025
20.01.2025
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2 issues framed by the court
Whether a writ of habeas corpus can be issued to direct police to produce a two-year-old child from the mother's custody.
Whether the best interest of the minor child permits separation from the mother at two years of age.
A.Karthikeyan
State of Tamilnadu
Superintendent of Police, Theni
Inspector of Police, Theni Police Station
E.Vaitheeswari
M.Kannan
G.R.Swaminathan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
