Iswarya v. The Superintendent 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.1584 of 2025 Iswarya D/o.Rajendran .. Petitioner Vs.
1.The Superintendent of Police, Tiruvallur District 2.The State rep by The Inspector of Police, Manimangalam Police Station, Tambaram District 3.Guruprasanth 4.Gnana Sekar 5.D.Chandramuhil .. 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 1 and 2 to produce the body of the detenue/my daughter G.Dhanyasree, aged about 3 years, daughter G.Guruprasanth and R.Iswarya 1/4
before this Court and set her at liberty forthwith. For Petitioner :
Mr.D.Babuvaradharajan For Respondents :
Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] Mr.Kingston Jerold for R3 to R5 *****
ORDER
[Order of the Court was made by N.SATHISH KUMAR, J] Originally, this petition was been filed seeking a direction to the respondents 1 and 2 to produce the body of the detenue/my daughter G.Dhanyasree, aged about 3 years, daughter G.Guruprasanth and R.Iswarya before this Court and set her at liberty forthwith.
2. This Court vide order dated 25.09.2025 handed over the child/detenue aged 3 years to the petitioner/mother herein. In pursuance to the same, the petitioner/mother is present along with the minor child. Now, the child is comfortable with the petitioner. 2/4
3. It is brought to the notice of this Court that the third respondent has filed G.D.O.P.No.3649 of 2025 on the file of the III Additional Family Court, Chennai.
4. Such view of the matter, the custody issue shall be sorted out only with the concerned civil court where the guardian OP is pending. In the meanwhile, as the custody is handed over to the petitioner by this Court by order dated 25.09.2025, let the petitioner allow the husband once in week preferably to visit the minor child on Sunday. Such visitation shall continue till the Civil Court takes a decision in this matter.
5. At this stage, the petitioner would submit that though we proposed the third respondent may visit the minor child every Sunday, the petitioner herself submitted before this Court that every Sunday morning at 9 am, she will handover the child to her in-laws, where, the third respondent can visit the child on every Sunday till the evening and thereafter, handover the child to the petitioner at 5 pm.
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N.SATHISH KUMAR, J and M.JOTHIRAMAN, J
6. In view thereof, this Habeas Corpus Petition stands closed. [N.S.K., J] [M.J.R., J] 24.10.2025 Index: Yes/No dhk To 1.The Superintendent of Police, Tiruvallur District 2.The Inspector of Police, Manimangalam Police Station, Tambaram District 3.The Public Prosecutor, High Court, Madras.
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