The High Court resolved a custody dispute regarding a 1.5-year-old child in a habeas corpus petition. The court transferred custody to the petitioner mother and permitted the father to approach later for visitation, ultimately closing the writ petition.
Custody of the minor child granted to the petitioner mother; habeas corpus petition closed; no costs.
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.
2026:MHC:1852
HCP No. 799 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 799 of 2026
Subashini W/o.Rajesh, No.27 Sastri Salai, Periyar Nagar, Virugampakkam, Aminjikarai Taluk, Chennai - 92.
..Petitioner(s)
Vs
S/o. Prabhakaran, No.33, Muthu Mariamman Kovil Street, 18, Chinna Othivakkam, Kancheepuram -603 202.
..Respondent(s)
Petition filed under Article 226 of the Constitution of India praying to issue Writ, order or direction in the nature of WRIT OF HABEAS CORPUS directing the 1st and 2nd respondents to produce the petitioner’s minor daughter namely Rathiainthini, Female aged 1½ years, D/o. Rajesh before this Hon’ble Court and handed over her custody to the petitioner.
__________ Page 1 of 4 https://www.mhc.tn.gov.in/judis
2026:MHC:1852
HCP No. 799 of 2026
For Petitioner(s):
S.Senthilvel
For Respondent(s): Mr.C.R.Malarvannan, (for R1 & R2) Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
Read this order in continuation of and in conjunction with earlier orders,
dated 29.04.2026 and 30.04.2026, wherein we have noted as follows:-
29.04.2026
Mr. R. Muniyapparaj, learned Additional Public Prosecutor accepts notice for the official respondents and Mr.Murali Kumaran, learned senior counsel accepts notice for R3.
2. Both the petitioner and R3 are present in Court. The detenue is a 1 1/2 year old child born to the two of them. They have both expressed their consent to go for mediation of their disputes.
3. The parties are hence referred to mediation at 3.30 p.m. today. Registry is directed to transfer this file to the Mediation centre forthwith. Upon conclusion of the mediation session today, R3 is directed to hand over the detenue/child – R.S.Rathiainthini, to the petitioner until further orders of the Court.
4. The mediator at liberty to explore all options for reconciliation of their differences including in regard to the visitation of R3.
5. List on 30.04.2026 for compliance.
30.04.2026
Read this order in continuation of and in conjunction with order dated 29.04.2026.
2. In part compliance of our directions, we are informed that the child has been handed over to the petitioner and the interim report of the mediator dated 29.04.2026 states as
__________ Page 2 of 4 https://www.mhc.tn.gov.in/judis
2026:MHC:1852
HCP No. 799 of 2026
follows:‘Mr.Rajesh hand over the child to his wife Subashini Both are willing to live together, for that they need time.’
3. As the mediation report indicates that the visitation of
the child is being decided upon qua the parties, we do not say anything on that aspect now.
4. List on 01.06.2026.
petitioner, the mother. It is open to the third respondent to approach the petitioner in order that he may spend some time with the child as well. If such a request is made, the petitioner will consider that in proper perspective and
permit the father also to spend some time with the child in her presence.
are liberty to approach the appropriate form in this regard.
(A.S.M.,J.) (S.M.,J.) 01-06-2026
Index: Yes/No
Neutral Citation: Yes
ssm
To
3. The Public Prosecutor, High Court, Madras.
__________ Page 3 of 4 https://www.mhc.tn.gov.in/judis
2026:MHC:1852
HCP No. 799 of 2026
DR.ANITA SUMANTH J. AND SUNDER MOHAN J.
SSM
HCP No. 799 of 2026
01-06-2026
__________ Page 4 of 4 https://www.mhc.tn.gov.in/judis
2 issues framed by the court
Whether the petitioner mother is entitled to the custody of her minor daughter.
Whether the habeas corpus petition barring the child's removal from her custody is maintainable.
1 provisions across 1 enactments
Subashini W/o. Rajesh
The Commissioner of Police
The Inspector of Police
Rajesh
Anita Sumanth
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
