Inbarasi v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR H.C.P.(MD) No.1285 of 2025 Inbarasi ... Petitioner/Mother of the Children Vs 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, AWPS Tirunelveli Police Station, Tirunelveli District.

3.Praveenkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce petitioner's two minor children's namely 1.(Kajendran 9 years old) 2. (Surendhar 4 years old) before this Court and to hand over their custody to the petitioner (Mother).

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For Petitioner : Mr.M.Danush Kumar For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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 seeking custody of two children aged 9 years and 4 years. They are now in the custody of their father / husband of the petitioner, who has been impleaded as third respondent.

2.The learned Additional Public Prosecutor appearing for the respondents had received the instructions from the second respondent / Inspector of Police, All Women Police Station, Tirunelveli and had forwarded the statement recorded by the second respondent from both the petitioner and the third respondent. The letter addressed by the third respondent to the second respondent reveals a marital disputes between the petitioner and the third respondent, which disputes will have to be addressed and settled only before the appropriate Court. Issue of custody of the children is also be settled only before the appropriate Court and 2/5

not before this Court. It is not an unlawful custody. They are in the custody of their father. We have not examined the statement as given by the petitioner or by the third respondent before the second respondent.

3. In view of the above, this Habeas Corpus Petition is closed even without notice to the third respondent. (C.V.K., J.) (R.V., J.) 04.11.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No am 3/5

To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, AWPS Tirunelveli Police Station, Tirunelveli District.

C.V.KARTHIKEYAN, J.

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and R.VIJAYAKUMAR, J.

am ORDER MADE IN H.C.P.(MD) No.1285 of 2025 04.11.2025 5/5