Madras High CourtHCP(MD)/142/2026dismissed

Mohamed Haroon Rashid v. The State Of Tamil Nadu

2026-02-11Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Mohamed Haroon Rashid ... Petitioner -vs1.The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Inspector of Police Uchipuli Police Station, Ramanathapuram District

3. Hakrose Banu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of minor daughter namely Noorul Aaysha Begum aged about 10 years before this Court and hand over custody to the petitioner.

For Petitioner :

Mr.B.Mahendrarajan For R1 &R2 Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of minor daughter namely Noorul Aaysha Begum aged about 10 years before this Court and hand over custody to the petitioner.

2. The petitioner got married one Hakrose Bano and gave birth to a female child. Thereafter due to misunderstanding his wife was living separately in a rented house from the year 2023. The petitioner lodged complaint on 07.01.2023 alleging that his minor daughter is under the illegal detention. On receipt of the same the second respondent issued CSR No.02 of 2025. During enquiry it was also found that the third respondent is living separately in the rented house with the minor

child. Further it is also revealed that the petitioner obtained divorce from his wife by saying 'Talaq', therefore the custody of the minor child with the mother cannot be said as illegal detention.

3. In view of the same, the petition stands dismissed. However the petitioner is at liberty to approach the Family Court for appropriate relief.

[G.K.I., J.] [R.P., J.] 11.02.2026 aav To 1.The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Inspector of Police Uchipuli Police Station, Ramanathapuram District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 11.02.2026