Dismissed¶32

Swetha v. The State of Tamil Nadu

Habeas Corpus – Custody of minor child

Madras HC24 Jan 2025HCP(MD)/90/2025

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What is this about?

Madras High Court, Madurai Bench; H.C.P.(MD)No.90 of 2025; habeas corpus for custody of minor daughter; mother left matrimonial home on her own accord; father/third respondent held to be natural guardian; no illegal detention; remedy is GWOP before jurisdictional Family Court or Civil Court; writ petition under Article 226 held not maintainable and dismissed; Thoothukudi District police respondents; decision dated 24.01.2025; G.R.Swaminathan, J. and R.Poornima, J.

What did the court decide?

Since the petitioner left the matrimonial home on her own accord, she has to necessarily file a GWOP before the jurisdictional Family Court or Civil Court; habeas corpus is not the appropriate remedy. ¶32

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

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H.C.P.(MD)No.90 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.01.2025

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CORAM

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

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H.C.P.(MD)No.90 of 2025

Swetha

... Petitioner

Vs.

1.The State of Tamil Nadu,

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The Superintendent of Police, O/o.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

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2.The Inspector of Police, Palayakayal Police Station, Thoothukudi District.

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3.Selvam ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India

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praying for the issue of a Writ of Habeas Corpus, directing the second

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respondent herein to produce petitioner's child daughter namely Kalayarasi (2years), D/o.Selvam, Who is in the custody of the third

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

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H.C.P.(MD)No.90 of 2025

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respondent and hand over to the petitioner based on petitioner's representation dated on 30.10.2024 within stipulated time.

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For Petitioner : Mr.R.Amarnath

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For Respondents : Mr.E.Antony Sahaya Phabahar, Addl. Public Prosecutor for R1 & R2.

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O R D E R

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

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

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2.The petitioner got married to the third respondent and a girl child

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/ Kalaiyarasi was born through the wedlock. The petitioner developed difference of opinion with the third respondent and left the matrimonial home to join her boyfriend by name Satheesh Kumar. This habeas corpus petition has been filed to take custody of the child from the third respondent.

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

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H.C.P.(MD)No.90 of 2025

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3.When the petitioner left the matrimonial home on her own

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accord, the petitioner has to necessarily file GWOP before the jurisdictional Family Court or Civil Court. The third respondent is the natural guardian for the child and therefore, it cannot be construed as a case of illegal detention. This habeas corpus petition is not maintainable and it is dismissed.

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(G.R.S. J.,) & (R.P. J.,) 24.01.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:-

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1.The Superintendent of Police, O/o.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

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2.The Inspector of Police, Palayakayal Police Station, Thoothukudi District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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3/4

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

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H.C.P.(MD)No.90 of 2025

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

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ias

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H.C.P.(MD)No.90 of 2025

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24.01.2025

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

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Swetha v. The State of Tamil Nadu

Case brief

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Swetha v. The State of Tamil Nadu

Case brief

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