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Madras High CourtHCP/1608/2025dismissed

Dr.R.Jagan Murugan, v. The Commissioner Of Police,

2025-09-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR H.C.P No. 1608 of 2025

1. Dr.R.Jagan Murugan, S/o. A.Ramamoorthy, No. 41/341, 14th Street, TNHB Colony, Periyar Nagar, Korattur, Chennai-600080.

Petitioner(s) Vs

1. The Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Ammapettai Police Station, Salem, Salem District.

3.Dr.B.Indira Priyadharshini W/o. R.Jagan Murugan, No.6/19, State Bank Colony, 1st Cross Street, Ammapettai, Salem District.

4.Baskar No.6/19, State Bank colony, 1st Cross street, Ammapettai, Salem District.

Respondent(s)

PRAYER:- The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus directing the 1 st and 2 nd respondents to produce the petitioner's minor son, namely, Dhruv aged about 3 years, from the custody of 3 rd and 4 th respondents and handover the custody to the petitioner.

For Petitioner(s):

Mr. S.Senthil For Respondent(s) : Mr.A.Damodaran Additional Public Prosecutor For R1 and R2 R3 - Appeared in person R4 - Dispensed with

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Habeas Corpus Petition is filed to direct the 1 st and 2 nd respondents to produce the petitioner's minor son, namely, Dhruv, aged about 3 years, from the custody of the 3 rd respondent / wife.

2. When the matter is taken up for hearing today, the petitioner / husband and third respondent / wife along with the minor child are present before this Court.

3. Inasmuch as this is nothing but an extension of matrimonial discord and the custody of the minor child between the petitioner and the third respondent, we are of the view that there is no unlawful custody involved. The petitioner is at liberty to workout his remedy before the appropriate forum for custody of the minor child, if so advised.

4. In view of the above, the Habeas Corpus Petition stands closed. (J.NISHA BANU J.) (S.SOUNTHAR J.) 09-09-2025 ASI To 1.The Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Ammapettai Police Station, Salem, Salem District.

3.Dr.B.Indira Priyadharshini W/o. R.Jagan Murugan, No.6/19, State Bank Colony, 1st Cross Street, Ammapettai, Salem District.

4. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI H.C.P No. 1608 of 2025 09-09-2025