M.Keerthana v. State Rep.By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.664 of 2025 M. Keerthana ... Petitioner Vs.

1. The State Rep. by The Superintendent of Police, Dharmapuri District - 635 303.

2. The State Rep. by The Inspector of Police, All Women Police Station, Harur.

3. Moorthy

4. Pothuraj

5. Prakash ... Respondents

PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the second respondent to produce the petitioner's minor child Chandramouli, aged about 4 years before this Court from the illegal custody of the third respondent and handover the child to the petitioner. For Petitioner : Ms. Rajeswari Karthikeyan For Respondent : Mr.R.Muniyapparaj Nos.1 and 2 Additional Public Prosecutor Assisted by Mr.M.Sylvester John - - - - -

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The present Habeas Corpus Petition is filed to direct the second respondent to produce the petitioner's minor child Chandramouli, aged about 4 years before this Court from the illegal custody of the third respondent and hand over the child to the petitioner.

2. The claim of the petitioner/mother of two minor children that the custody of the minors with their father as illegal, is unacceptable. It appears

that the petitioner/wife and the third respondent/husband are in an estranged relationship. We are of the view that if the petitioner wants custody of the minor children, then the only remedy available for her would be before the Family Court concerned and this Court will not be justified in entertaining the present Habeas Corpus Petition for such a relief.

3. Accordingly, this Habeas Corpus Petition stands dismissed. [M.S.R, J.] [N.S, J.] 21.04.2025 ASI To

1. The Superintendent of Police, Dharmapuri District - 635 303.

2. The Inspector of Police, All Women Police Station, Harur.

3. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

ASI H.C.P.No.664 of 2025 21.04.2025