Vijayakumar v. State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Vijayakumar Petitioner vs.

1.

State represented by the Deputy Superintendent of Police Coimbatore District The State represented by the Inspector of Police All Women Police Station Mettupalayam Coimbatore District 3.

Abinaya 4.

Poovarasan @ Ashwin Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of habeas corpus to direct the respondents to produce the body and person of the petitioner's minor son Rakshan before this Court from the illegal custody of the respondents 3 and 4 and hand over his custody to the petitioner.

For petitioner Mr. M. Ashwin Kumar For RR 1 & 2 Mr. E. Raj Thilak Addl. Public Prosecutor Page Nos.1/4

ORDER

(made by G.R. SWAMINATHAN, J.) The petitioner is none other than the husband of the third respondent. The marital life between the two appears to have been under strain. As on date, the third respondent is having the custody of the minor child. This habeas corpus petition is filed to direct the official respondents to produce the minor child from the illegal custody of the private respondents.

By no stretch of imagination, can the custody of the minor child with the third respondent be called illegal. The petitioner has to necessarily approach the jurisdictional family Court/Civil Court for appropriate relief. The petitioner can very well file a G.W.O.P. and raise all the contentions now urged before us and seek relief. With the aforesaid liberty to the petitioner, this habeas corpus petition stands dismissed.

(G.R.S.,J.) (V.L.N.,J.) 21.05.2025 cad Page Nos.2/4

To 1.

The Deputy Superintendent of Police Coimbatore District The Inspector of Police All Women Police Station Mettupalayam Coimbatore District 3.

The Public Prosecutor High Court of Madras Chennai 600 104 Page Nos.3/4

G.R. SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

cad H.C.P.No.959 of 2025 21.05.2025 Page Nos.4/4