Rubala v. The Commissioner of Police
Case brief
What is this about?
Madras High Court, H.C.P.No.125 of 2026, decided 23.01.2026 by P.Velmurugan, J. (bench: P.Velmurugan and M.Jothiraman, JJ.). Petitioner Rubala (mother) sought habeas corpus for minor children A.Dwargan (9) and A.Tanvi (6) from father/third respondent S.Arunkarthikeyan. Held: both parents natural guardians; custody with father is not illegal custody; welfare of children paramount and evidence-dependent; writ court cannot decide custody; efficacious remedy lies before competent court. Petition dismissed. Keywords: habeas corpus, child custody, natural guardian, minor children, family dispute, alternative remedy, Article 226.
What did the court decide?
The petitioner (mother) and the third respondent (father) are both natural guardians of the minor children; since the detenues are in the custody of the third respondent, who is also one of the natural guardians, there is no illegal custody.