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Madras High CourtHCP(MD)/308/2026dismissed

Meena v. The Superintendent Of Police

2026-03-11Honourable Mr Justice N. Anand Venkatesh,Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/03/2026

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR. JUSTICE P. DHANABAL Meena, ... Petitioner Vs

1. The Superintendent of Police, Pudukkottai District.

Pudukkottai..

2. The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District..

3. Karthikeyan, S/o.Dhakshinamoorthy, ... Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondents to secure the petitioner's minor son/detenue Krithvik aged 3 years, son of Karthikeyan and produce her minor son/detenue Krithvik before this Court.

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For Petitioner : Mr.R.Balakrishnan, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.) This Habeas Corpus petition has been filed for a direction to the second respondent to secure the petitioner's minor son who is said to be in the custody of the third respondent who is the husband of the petitioner.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. In the considered view of this Court, the child being in the custody of the third respondent by no stretch can be considered to be an illegal custody, since the third respondent is none other than the father of the child. The actual issue that is involved in the present case is regarding the custody of the child. This grievance can be worked out only before 2/4

the competent Court and it cannot be decided in a Habeas Corpus Petition. Except giving this clarity, no further orders can be passed in this petition. Accordingly, this Habeas Corpus petition is dismissed. (N.A.V.,J..) (P.D.B.,J.,) 11.03.2026 Index : Yes / No Internet : Yes / No tta TO

1. The Superintendent of Police, Pudukkottai District.

Pudukkottai..

2. The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District..

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N. ANAND VENKATESH,J.

AND P.DHANABAL,J.

ORDER

IN HCP(MD) No.308 of 2026 Date : 11/03/2026 4/4