R. Abinaya v. The State Of Tamil Nadu, Rep. By The Superintendent Of Police, Dindigul
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE Mr.JUSTICE R.VIJAYAKUMAR HCP. (MD). No.1276 of 2025 R. Abinaya ... Petitioner Vs
1. The State of Tamil Nadu, Rep, by the Superintendent of Police, Dindigul, Office of the Superintendent of Police, Dindigul District..
2. State of Tamilnadu Rep by Inspector of Police, Awps-Kodaikanal Police Station, Dindigul District..
3. B. Ranil Vikram,, Bhalentheeran, 9a,Main Road, Muthanampatty, Kovilpatty (Po) Andipatty (Tk), Theni District..
4. Balentheeran,, S/o. Velaiyathevar @ Raja, 9a, Main Road, Muthanampatty, Kovilpatty (Po), Andipatty (Tk), Theni District..
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5. B.Lakshmi,, W/o. Bhalentheeran, 9a, Main Road, Muthanampatty, Kovilpatty (Po), Andipatty(Tk), Theni District..
6. B.Mohan,, W/o. Bhalentheeran, 9a, Main Road, Muthanampatty, Kovilpatty (Po), Andipatty(Tk), Theni District..
... Respondents PRAYER :-Habeas Corpus Petition is filed to direct the respondents 1 and 2 herein to produce the body or person of a detenue namely Thugilan M/o. Abinaya aged about 11 months herein before this Court and hand over the custody to the petitioner.
For Appellant : Mr.S.Ramsundarvijayraj For Respondents : Mr.A.Thiruvadikumar for R1 and R2 Mr.Vasanthakumar for R3 to R6
ORDER
(Order of the Court was made by C.V.KARTHIKEYAN, J.) The petitioner is present. The third respondent is her husband. The 4th respondent is the father-in-law. The 5th respondent is the mother-inlaw. The 6th respondent is the brother-in-law. Among all respondents, 2/5
the 6th respondent has no right to interfere with the brother's marital life. There seems to be a dispute, which had arisen between the petitioner and the third respondent and two separate versions are given, namely, she abandoned the eight months old child and left the matrimonial home. The other version is that the third respondent herein had plucked her child away from her. She is a feeding mother and the child requires the care and comfort of the mother/petitioner herein.
2. We called the petitioner to talk to her husband. She stated that she is willing to go with the third respondent/husband and requested us to join her back with the third respondent.
3. When we call the third respondent, who came with the child, we asked him as to whether he is prepared to give the child back or to take back his wife. He refused to take back the petitioner/wife and he is prepared to give back the child and he handed over the child. The child had also gone over to the petitioner/mother. Her parents are also present in Court. The marital dispute can be resolved in another forum. As on today, the relief sought in the petition has been granted and the child has 3/5
been reunited with the petitioner and the Habeas Corpus Petition stands closed.
[C.V.K,J] [R.V,J] 03.11.2025 NCC : Yes/No Index : Yes/No RR To
1. The Superintendent of Police, Dindigul, Office of the Superintendent of Police, Dindigul District..
2. The Inspector of Police, Awps-Kodaikanal Police Station, Dindigul District..
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
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C.V.KARTHIKEYAN J.
AND R.VIJAYAKUMAR, J.
RR
ORDER
IN HCP (MD) No.1276 of 2025 Date : 03.11.2025 5/5