Dismissed¶¶38

P.Sankarapandi v. The State of Tamilnadu

Madras HC26 Jun 2025HCP(MD)/730/2025

Case brief

AI extract

What is this about?

Habeas corpus petition dismissed; Madurai Bench of Madras High Court; H.C.P(MD)No.730 of 2025; Article 226 Constitution of India; writ of habeas corpus; minor children custody; alleged illegal custody by third respondent; wife eloped with children; police inaction on complaint; All Women Police Station Usilampatti; C.S.R.No. 203 of 2024; matrimonial cruelty and harassment by petitioner; wife and children unwilling to return; misuse of court process; cost of Rs.40,000/- imposed (Rs.20,000/- each to minors); compliance reporting listed on 11.07.2025; coram A.D.Jagadish Chandira J. and R.Poornima J.; decided 26.06.2025.

What did the court decide?

None to the petitioner; cost of Rs.40,000/- imposed on him payable to the two minor detenues (Rs.20,000/- each) ¶¶38

P.Sankarapandi Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None to the petitioner; cost of Rs.40,000/- imposed on him payable to the two minor detenues (Rs.20,000/- each)

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Issue for consideration

Whether the minor detenues, Nitharsana (aged about 16) and Sevamuni (aged about 9), are in the illegal custody of the third respondent and should be produced by respondents 1 and 2 and handed over to the petitioner/father. +1 more

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Court's answer

The Habeas Corpus Petition is dismissed, imposing a cost of Rs.40,000/- on the petitioner payable to the two minor detenues (each Rs.20,000) within one week from receipt of a copy of the order; the petition was listed on 11.07.2025 'for reporting compliance'.

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Ratio / Principle

On the Court's own enquiry of the wife and children present before it, it came to light that they had left the matrimonial home only on account of the matrimonial cruelty and harassment caused by the petitioner; the petitioner was well aware that his wife was living separately with the children, and the wife and children expressed their unwillingness to go with the petitioner.

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Key takeaways

The Court found that the process of the Court was misused by the petitioner, the children not being in illegal custody as alleged.ratio¶¶37

Detailed headnote1 paragraphs

Habeas Corpus Petition under Article 226 of the Constitution of India by a father (P.Sankarapandi) seeking production of his two minor children (Nitharsana, about 16 years, and Sevamuni, about 9 years) from the alleged illegal custody of the third respondent (Vinod), with whom, he alleged, his wife Ramya had eloped taking the children and valuables, and alleging police inaction on his complaint. The learned Additional Public Prosecutor reported that the wife had herself complained to the All Women Police Station, Usilampatti of matrimonial cruelty (enquiry in C.S.R.No. 203 of 2024), that the petitioner had undertaken not to harass his wife and children and to maintain them, and that the wife had left on her own volition. The wife and both children were present in Court and, on the Court's enquiry, expressed unwillingness to go with the petitioner. Holding that they had left the matrimonial home owing to the petitioner's matrimonial cruelty and harassment, that the petitioner was aware of their whereabouts, and that the Court's process stood misused, the Court dismissed the petition, imposing costs of Rs.40,000/- on the petitioner payable to the two minors (Rs.20,000/- each) within one week, and listed the matter on 11.07.2025 'for reporting compliance'.

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H.C.P(MD)No.730 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P(MD)No.730 of 2025

P.Sankarapandi

... Petitioner

-vs-

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

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2.The Inspector of Police, Elumalai Police Station, Madurai District,

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3.Vinod

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenues namely, Minor.Nitharsana D/o P.Sankarapandi aged about 16 years and Minor.Sevamuni S/o P.Sankarapandi aged about 9 years before this Court from the illegal custody of the third respondent and hand over them 1/7

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

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H.C.P(MD)No.730 of 2025

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custody to the petitioner/father.

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For Petitioner : Mr.R.Gowrishankar For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]

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This petition is filed to direct the respondents 1 and 2 to produce the body or person of the detenues namely, Minor.Nitharsana D/o P.Sankarapandi aged about 16 years and Minor.Sevamuni S/o P.Sankarapandi aged about 9 years before this Court from the illegal custody of the third respondent and hand over them custody to the petitioner/father.

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The case of the petitioner is that he got married to one Ramya and out of wedlock, they got two children namely, Minor.Nitharsana D/o P.Sankarapandi aged about 16 years and Minor.Sevamuni S/o P.Sankarapandi aged about 9 years. The petitioner is working as Driver in State Transport Corporation in Coimbatore. While being so, in the month of April 2025, when the petitioner went for duty at

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

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H.C.P(MD)No.730 of 2025

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Coimbatore, he came to know that his wife developed illicit intimacy with the third respondent and she eloped with the third respondent to somewhere and she had forcibly had taken the minor children along with valuables. Hence, the petitioner had given a complaint before the respondent police but, the respondent Police had neither taken any action on the complaint nor made any attempt to find out the whereabouts of the children and thereby, the present Habeas Corpus Petition is filed.

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Mr.R.Gowrishankar, learned counsel appearing for the petitioner

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submits that the petitioner got married to one Ramya and out of wedlock, two children were born. Thereafter, he came to know that his wife developed illicit intimacy with the third respondent and she eloped with the third respondent along with children and she had also taken valuables from the house. Despite the complaint given by the petitioner to the second respondent, no action has been taken. Hence, the present Habeas Corpus Petition is filed.

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

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H.C.P(MD)No.730 of 2025

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4.Per contra, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 on instructions, would submit that on 03.06.2025, the petitioner's wife namely, Ramya, had given a complaint to All women Police Station, Usilampatti, stating that she was married to the petitioner and since he had continuously harassed her and had inflicted matrimonial cruelty on her and that he had also taken jewels belonging to her and driven her out of the matrimonial home and he had continuously given trouble to her. Based on the complaint given by the petitioner's wife, an enquiry was conducted in C.S.R.No. 203 of 2024 and the petitioner was summoned for enquiry. During the enquiry, he had undertaken that he will not harass his wife and children. Further, he had also appeared before the respondent Police on 10.06.2025 and during the enquiry, he had undertaken that he will give maintenance for family expenses to his wife and children and that he had also undertaken that he will not create any problem to his wife. The petitioner is well aware that his wife had gone on her own volition and she was unwilling to live with him on account of the harassment made by the petitioner. But he has now come out with this false petition alleging that children are kept in illegal custody of his wife. He would further submit that the petitioner is well aware of everything. The enquiry was conducted on 10.06.2025, he has

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

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H.C.P(MD)No.730 of 2025

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filed this Habeas Corpus Petition on 19.06.2025 with false averments.

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5.The petitioner's wife and his two children namely, Minor.Nitharsana and Minor.Sevamuni are present before this Court. We enquired the alleged missing person. During the course of enquiry, it came to light that wife of the petitioner and his children had left the matrimonial home only on account of the matrimonial cruelty and harassment caused by the petitioner and that the petitioner is also well aware of that his wife is living separately along with children and they have also expressed their unwillingness to go along with the petitioner. We find that the process of this Court is misused by the petitioner. Hence, this Court is inclined to dismiss this petition by imposing a cost to be paid by the petitioner.

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6.Accordingly, this Habeas Corpus Petition is dismissed by imposing a cost of Rs.40,000/- on the petitioner payable to the detenues namely, Minor.Nitharsana D/o P.Sankarapandi aged about 16 years and Minor.Sevamuni S/o P.Sankarapandi aged about 9 years, (each Rs.20,000) by the petitioner within a period of one week from the date of receipt of a copy of this order.

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

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H.C.P(MD)No.730 of 2025

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7.List the petition on 11.07.2025 , 'for reporting compliance' .

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[A.D.J.C., J.] [R.P., J.] 26.06.2025

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