A. Sharmila v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Dr.A. Sharmila D/o Annadurai, W/o Dr.Omprakash, No.22B, Ayyampalayam, Paaraiyur, Kumarapalayam, Kumarapalayam Circle, Namakkal.

..Petitioner(s) Vs

1. The Superintendent of Police Namakkal.

2. The Inspector Of Police Kumarapalayam Police Station, Namakkal.

3. Omprakash S/o Muruganandham, No.6/16, Naalvar Nagar, Behind Sulur New Bus Stand, Near RVS KVP Maruthammal Thirumana Mandapam, Sulur, Coimbatore.

..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other appropriate Writ order or direction in the nature of Habeas Corpus, directing Respondents 1 and 2 to secure the Minor Natrin Paari, aged about 7 years, from the custody of the 3rd respondent and produce before this Honourable Court.

For Petitioner(s):

Mr.V.Vijayakumar For Respondent(s):

Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side) FOR R1 & R2 Mr.K.S Karthik Raja for Mr.Deepan Uuday for R3

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) Read this in continuation of and in conjunction with earlier orders dated 28.04.2026 and 29.04.2026 that read as follows:- 28.04.2026 Read this order in continuation of and in conjunction with order dated 21.04.2026.

2. We have conversed with the petitioner and R3. The children are also present in the Court. There appears to be irreconcilable differences between the petitioner and R3, which we cannot address.

3. For the present, since it is the custody of the children that is at issue, we direct both learned counsel to obtain instructions from the petitioner and R3, reduce them to suggestions for visitation and file a memo by end of business today.

4. Learned Additional Public Prosecutor will produce the recording of the call made on '100' in relation to the incident that had taken place on 03.03.2026 and 04.03.2026 relating to the present parties.

5. List on 29.04.2026 at 12.00 noon for further orders. Parties will continue to present tomorrow.

29.04.2026 Read this order in continuation of and in conjunction with order dated 28.04.2026.

2.Both the learned counsel have filed memos and we have taken the same into consideration in passing the following order:

(i) For the present, R3 will retain custody of both children till the next date of hearing.

(ii) The petitioner may, if she desires, pick both children from the residence of R3, take them out to a place of their choice and spend a few hours with them on Wednesday and Saturday of every week. She will positively drop the children back in the residence of R3 the same day. The paramount consideration in this regard will be that of the children. (iii) Both the petitioner and R3 will ensure that the children are comfortable and will not tutor them in any way as against the other.

(iv) This arrangement shall continue till 04.06.2026 when the matter will next be listed before this Court. 3.List on 04.06.2026."

2.

For the present, the children will remain in the custody of father as he has taken admission for the son also in a school in Coimbatore. However, we give full liberty to the mother to, in consensus with the father and the schedule of the children to spend time with them over the weekend. She will not take the children out of Coimbatore and she is permitted also if all parties are consensus ad idem to spend the entire weekend with them in a place of their choice in Coimbatore with the full knowledge and consent of the father as well. 3.

We are informed by the petitioner that she is moving the Family Court for appropriate orders, regarding her marriage. Let the present arrangement continue until reviewed or modified by the competent Court. 4.

Recording the aforesaid, this habeas corpus petition is closed. No costs.

(A.S.M.,J.) (S.M.,J.) 04-06-2026 Index: Yes/No ssm

To

1. The Superintendent of Police Namakkal.

2. The Inspector Of Police Kumarapalayam Police Station, Namakkal.

3. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

ssm 04-06-2026