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Madras High CourtHCP(MD)/1104/2025dismissed

A.Jayashree v. The Commissioner Of Police,

2025-09-11Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Jayashree ... Petitioner vs.

1.The Commissioner of Police, O/o.The Commissioner of Police, Azhagar Koil Main Road, K.Pudur, Madurai - 7.

2.The Inspector of Police, Thilagar Thidal All Women Police Station, Thilagar Thidal, Madurai - 1.

3.T.Ganesh Kumar 4.T.Kumari ... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue writ of Hebeas Corpus directing the respondents 1 to 2 herein to secure and produce the body or person detenue namely Viruthikashini, one-year old minor female daughter of the petitioner before this Court and transfer the custody of one-year old minor female daughter of the petitioner before this Court and transfer the custody of one-year old minor female child Viruthikashini from the third and fourth respondents to petitioner. 1/4

For Petitioner : M/s. Dharani For R1 & R2 : Mr.A.Thiruvadikumar Additional Government Pleader For R3 : M/s.Muthumeena

O R D E R

(Order of the Court was made by C.V.KARTHIKEYAN, J.) This Habeas Corpus Petition has been filed by a mother complaining that her 1 year old female child had been taken away by her husband/the third respondent and the mother-in-law/the fourth respondent.

2. Seeking custody of the said child, the third respondent has already filed GWOP.No.1384 of 2025 before the Family Court, Madurai and the next hearing date is 27.09.2025. The child is not in unlawful custody and this petition is misconceived. The petitioner has to work out her remedy before the Family Court, Madurai, in GWOP.No.1384 of 2025. This petition is dismissed. (C.V.K., J.) (R.V., J.) 11.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No CM 2/4

To The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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C.V.KARTHIKEYAN, J.

and R.VIJAYAKUMAR, J.

CM 11.09.2025 4/4