Devi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2026 CORAM :
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Devi W/o.Dharanidharan, 46, Kamaraj Nagar, Uthangarai Post and Taluk, Krishnagiri District.
..Petitioner(s) Vs
1. The Superintendent of Police Krishnagiri District.
2. The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
3. Sekar 99, Ponniyamman Nagar, Sathuvachari East, Vellore.
..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a writ or order or direction or any other appropriate writ in the nature of WRIT OF HABEAS CORPUS to direct the 1st respondent to produce the Petitioner's minor son namely, Lokesh, aged 14 years son of Dharanitharan before this Honble Court from the illegal custody of the 3rd respondent and hand over to the petitioner and thus render justice.
For Petitioner(s):
M/s.K.Thiruvengadam For Respondent(s):
Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) For R1 And R2 Mr.M.Sathish Kumar For R3
ORDER
(Made by Dr.Anita Sumanth J.) Read this order in continuation of and in conjunction with earlier orders dated 08.04.2026 & 10.04.2026 that read follows:- 08.04.2026 All parties appear in Court today viz., the petitioner, her husband, the biological parents of Minor Lokesh aged 14 years (DOB 08.12.2011), R3 and his wife, the maternal aunt and uncle.
2. The admitted facts are this : (i) Minor Lokesh has been brought up by R3 / uncle and his wife (maternal aunt); (ii) He has been attending school and staying with them; (iii) For the last few years, we are given to understand that his parents have been trying to bring him back to stay with them; (iv) Admittedly, the names of R3 and his wife have been shown as parents of minor Lokesh in his official documents such as Aadhar card and school documents; and (v) In June, 2025, the parents of detenu had admitted him in a school in Uthangarai District, but he had been taken back to Vellore by R3 & aunt after completion of the quarterly exams. His schooling has been interrupted since then.
3. Undoubtedly, it is the petitioner and her husband who would be entitled to the custody of minor Lokesh as all parties admit that there has been no formal or lawful adoption of the minor by the maternal aunt and R3.
4. Having said so, it is the future of the child with which we are concerned now. We give the parties a day to workout how best minor Lokesh could complete the present academic year in the school where he had been admitted in June, 2025.
5. List on 10.04.2026 at 12.00 noon. All parties are directed to be present in the Court on that day.
10.04.2026 Read this order in continuation of and in conjunction with order dated 08.04.2026.
2. Today the parties report that they have spoken to the school in Uthangarai, which is willing to consider the promotion of Minor Lokesh to X standard, should he complete and pass in the five papers for IX standard, within three weeks. Hence the following directions are passed:- (i) The school may be requested to reckon the three week period between 15.04.2026 and 06.05.2026 (ii) Minor Lokesh will go forthwith with the petitioner and his father and write the exams which will conclude by 06.05.2026. (iii) The parents will liaise with the school and obtain schedule/timetable.
(iv) On 07.05.2026, as per his wishes, Minor Lokesh will go to his maternal aunt and uncle / R3 in Vellore.
(v) All parties will appear before the Court on 02.06.2026.
3. List on 02.06.2026.
2. All parties are present in court today. The directions under order dated 10.04.2026 have been complied by the parties. Lokesh (detenu) has written his examination and has also been admitted in a school in Uthangarai and is willing to continue in the X standard residing with his parents. The arrangement appears to be amicable finding resonance among all parties.
3. We have conversed with detenu, who says that he is comfortable with the present arrangement and only request that he should be allowed freely to visit his aunt and uncle in Vellore as well. Needless to say, his wishes will be taken note of by his parents. As to his further education in XI and XII standard, detenu indicates that there are good schools both in Uthangarai as well as in Vellore. Let him take a decision in relation to his future education in
concurrence with his parents.
4. We have also conversed with his aunt and uncle, who express their love for the child and wish to stay in touch. Their sentiments stem from the fact that they have brought up the child, for the last 15 years. The parents of the detenu will take note of the sentiments of the aunt and uncle and permit the child to stay with them over weekends or holidays, as appropriate.
5. Recording the aforesaid, this habeas corpus petition is closed. No costs. [A.S.M, J.] [S.M, J.] 02.06.2026 Index:Yes/No ssm To
1. The Superintendent of Police Krishnagiri District.
2. The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
ssm 02-06-2026