Ashik Jain v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2025 Coram THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1350 of 2025 Ashik Jain S/o.Deepak Jain .. Petitioner Vs.

1.The Commissioner of Police Greater Chennai Police 132, EVK Sampath Road, Periamet Vepery, Park Town, Chennai, Tamil Nadu - 600 007 2.The Inspector of Police, Flower Bazar Police Station Flower Bazaar, Chennai 3.Meenatchidevi .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to issue a direction to the respondents to produce the petitioner's minor children Hriday Jain, S/o.Ashik Jain, Male aged about 5 years and Manya Jain, D/o.Ashik Jain, Female aged about 3 year before this Court from the custody of the third respondent and handover her to the petitioner. 1/4

For Petitioner :

Mr.S.Vellidoss For Respondents :

Mr.A.Damodaran for R1 & R2 Additional Public Prosecutor Mr.E.Hariharan for R3 *****

ORDER

[Order of the Court was made by N.SATHISH KUMAR, J] This petition has been filed seeking a direction to the respondents to produce the petitioner's minor children Hriday Jain, S/o.Ashik Jain, Male aged about 5 years and Manya Jain, D/o.Ashik Jain, Female aged about 3 year before this Court from the custody of the third respondent and handover her to the petitioner.

2. Though the petitioner filed Habeas Corpus Petition for production of his minor children, the entire issue is only a family dispute. We are of the view that mere custody of the child with the other spouse can never be construed as a illegal custody to invoke the jurisdiction of this Court particularly by filing Habeas Corpus Petition. 2/4

3.This Court vide order dated 05.08.2025 restored the custody of the minor children to the petitioner/father of the children. Now, the parties have come to amicable settlement. The memorandum of compromise is also placed before this Court. The petitioner had agreed that he will create two fixed deposits of Rs.20 lakhs each in the names of the minor children and it also agreed that the petitioner and the third respondent would be nominees to the said deposits, however, it is the further grievance that the bank is not admitting for appointing two nominees.

4. As the parties have reached a compromise and in order to safeguard the money in the names of minor children, the petitioner and the third respondent have agreed for recording them as two nominees, so as to prevent the other nominee from using the money for any other purposes, this Court directs the concerned Bank namely State Bank of India, Sowcarpet Branch to include two nominees as agreed in the compromise memorandum of understanding dated 03.10.2025.

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N.SATHISH KUMAR, J and M.JOTHIRAMAN, J 5.In view thereof, this petition stands closed. [N.S.K., J] [M.J.R., J] 24.10.2025 Index: Yes/No dhk To 1.The Commissioner of Police Greater Chennai Police 132, EVK Sampath Road, Periamet Vepery, Park Town, Chennai, Tamil Nadu - 600 007 2.The Inspector of Police, Flower Bazar Police Station Flower Bazaar, Chennai 3.The Public Prosecutor, High Court, Madras.

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