Divya Jyothi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2025 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Mrs.Divya Jyothi ... Petitioner -vs1. The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2. The Inspector of Police, Kotturpuram, Chennai.

3. P.Padmanabhan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body and person of the petitioner's minor son, by name P.Bavesh before this Court and hand over to the petitioner forthwith. For Petitioner : Mr.R.Krishnakumar For R1 & R2 : Mr.A.Damodaran Addl. Public Prosecutor Assisted by Mr.M.Karthikeyan Advocate *****

O R D E R

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The petitioner, who is the mother of the detenue, seeks production of her minor son, namely, P.Bavesh, aged about 9 years before this Court and hand over his custody to her.

2. Admittedly, the child is in the custody of his father, who is a natural guardian. It is stated by the learned Additional Public Prosecutor that G.W.O.P.No.880 of 2024 has been filed before the Family Court, Malkaj Giri District, Telegana, seeking custody of the child.

3. In such view of the matter, the issue purely relates to the custody of the child and the matter has already been seized by the Family Court at Telegana. Therefore, finding that the child is not in the illegal custody of any one, this petition is closed.

(N.S.K,J.,) (M.J.R,J.,) 07.11.2025 Index: Yes/No Internet: Yes/No ar 2/4

To:

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

2. The Inspector of Police, Kotturpuram, Chennai.

3. The Public Prosecutor, High Court, Madras.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ar 07.11.2025 4/4