Father filed habeas corpus alleging his 3½-year-old son was in the illegal custody of the mother amid matrimonial disputes. The court found the mother is the natural guardian and the child is not in illegal custody, and dismissed the petition with liberty to agitate rights before the appropriate forum.
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.671 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P(MD)No.671 of 2025
Soorya Tilak Ganesh
... Petitioner/
Father of the detenu
-Vs-
The State of Tamil Nadu rep. by its
1.The Superintendent of Police, Tirunelveli, Tirunelveli District.
3.Kanaka Nithya
... Respondents
PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the person or body of the detenu namely Samrat Karnan Thilak Suriya, S/o.Suriya Tahilak Ganesh, aged about 3 1/2 years before this Court and handover the custody to the petitioner.
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H.C.P(MD) No.671 of 2025
For Petitioner : Mr.S.K.Nagaraj For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor For R3 : Mr.S.Palanivelayutham
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)
This petition has been filed by the petitioner seeking for a direction to direct the first and second respondents to produce the person or body of the detenu namely Samrat Karnan Thilak Suriya, S/o.Suriya Tahilak Ganesh, aged about 3 1/2 years before this Court and handover the custody to the petitioner.
Additional Public Prosecutor appearing for the respondents 1 & 2 and Mr.S.Palanivelayutham, learned counsel appearing for the third respondent.
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H.C.P(MD) No.671 of 2025
years old child. The third respondent's parents and the third respondent are preventing him from visiting the child and that the third respondent is also threatened the petitioner stating that she will kill the child and apprehending danger to the child's life, the present habeas corpus petition is filed.
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H.C.P(MD) No.671 of 2025
respondent has given a complaint against the petitioner. He would submit that the third respondent is being the natural guardian of the child and he would seek for dismissal.
[A.D.J.C., J.] & [R.P., J.] 20.06.2025
NCC:Yes/No Index:Yes/No am
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H.C.P(MD) No.671 of 2025
To
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H.C.P(MD) No.671 of 2025
A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA , J.
am
H.C.P(MD)No.671 of 2025
20.06.2025
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1 issue framed by the court
Whether a child living with his mother is in illegal custody so as to warrant habeas corpus relief to the father.
1 provisions across 1 enactments
Soorya Tilak Ganesh
The State of Tamil Nadu rep. by its Superintendent of Police, Tirunelveli, Tirunelveli District
The Inspector of Police, All Women Police Station, Valliyur, Tirunelveli District
Kanaka Nithya
A.D.Jagadish Chandira
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
