A.Asma v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR A.Asma D/o Aboobaker ... Petitioner Vs.

1. The Superintendent of Police, Ranipet District Police Office, Ranipet District - 632 401

2. The Deputy Superintendent of Police, Ranipet Sub Division, Opposite to Judicial Quarters, Ranipet - 632 401

3. The Inspector of Police, All Women Police Station, Ranipet - 632 401 4 The Inspector of Police, Town Police Station, Ranipet - 632 401

5. A.Nawab Ali, S/o Asgar Ali.

... 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, to

direct the respondents 1 to 4 to produce the petitioner's minor son Mohammed Aashiq, aged 7 years, before this Court and handover the custody of the minor child to the petitioner. For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Habeas Corpus Petition has been filed by the petitioner, the mother of the detenu, seeking to direct the respondents 1 to 4 to produce the petitioner's minor son, Mohammed Aashiq, aged 7 years, before this Court and handover the custody of the minor child to the petitioner.

2. The case of the petitioner is that he married the 5th respondent and having two male children. The 5th respondent married another woman named Nasreen and he is threatening the petitioner to surrender the custody of both the children to him. The petitioner lodged a complaint before the All Women Police Station, Ranipet but no action was taken and she was advised to seek relief before the Court. On 29.08.2025, the 5th respondent forcibly entered the house of the petitioner at Kalmelkuppam and physically assaulted her and her father and abducted her minor son, Mohammed Aashiq, aged 7 years. Hence,

the present petition, seeking the aforesaid relief.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would state that the detenu was handed over to the custody of the petitioner. The petitioner along with her child/detenu is present before this Court. The 5th respondent is not present before this Court.

4. Since the custody of the detenu is handed over to the petitioner, who is the mother of the detenu, no further order is necessary in this Habeas Corpous Petition. Therefore, this Habeas Corpus Petition is closed. However, the 5th respondent shall not disturb the custody of the children with the petitioner. If the 5th respondent is aggrieved, he can seek his remedy before the appropriate forum in the manner known to law.

(J.NISHA BANU, J.) (S. SOUNTHAR, J.) 07.10.2025 vsi To

1. The Superintendent of Police, Ranipet District Police Office, Ranipet District - 632 401

2. The Deputy Superintendent of Police, Ranipet Sub Division, Opposite to Judicial Quarters, Ranipet - 632 401

3. The Inspector of Police, All Women Police Station, Ranipet - 632 401 4 The Inspector of Police, Town Police Station, Ranipet - 632 401

5. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi 07.10.2025