S.Deepa v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR H.C.P.No.1747 of 2025 S.Deepa D/o Sakthivel ... Petitioner Vs.

1.The Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Arumbakkam Police Station, Chennai.

3.Petchimuthu ... Respondents 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 1st and 2nd respondents to produce the body or the person of the petitioner's minor child namely P.D.Dheera, son of Petchimuthu, aged about four years before this Court from the custody of the 3rd respondent/husband and hand over to the petitioner. For Petitioner : Mr.V.K.Sathiamurthy For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

ORDER

J.Nisha Banu,J.

and S.Sounthar,J The Habeas Corpur Petition has been filed by the mother of the detenue seeking for a directing to the 1st and 2nd respondents to produce the body or the person of the petitioner's minor child namely P.D.Dheera, son of Petchimuthu, aged about four years before this Court from the custody of the 3rd respondent/husband and hand over to the petitioner.

2. Heard both sides.

3. The 3rd respondent/husband is present before this Court along with the child/detenue. The petitioner is also present before this Court. 4.It is seen from the records that there is matrimonial dispute between the petitioner and the 3rd respondent and the proceedings are pending before the Family Court. The detenue is not in illegal custody. Therefore, we are not inclined to entertain this Habeas Corpus Petition. The petitioner is at liberty to approach the appropriate Forum to work out her remedy. Accordingly, the Habeas Corpus Petition is dismissed. (J.NISHA BANU J.) (S.SOUNTHAR J.) 22.09.2025 vsi

To 1.The Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Arumbakkam Police Station, Chennai.

3. The Public Prosecutor, High Court,Chennai

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi H.C.P.No.1747 of 2025 22-09-2025