Sumithradevi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.Sumithradevi ... Petitioner -vs1.The State of Tamil Nadu, Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent Nos.1 and 2 to secure the person or body of the petitioner's son, the detenue herein by name, Rafeal, aged about six years and to produce the same before this Court and set the petitioner at custody based upon the complaint of this petitioner dated 08.10.2025 to respondent No.1.

For Petitioner :

Mr.M.Punitha Deva Kumar For Respondents :

Mr.A.Thiruvadikumar, Addl. Public Prosecutor for R1 & R2 : Mr.J.Pandidorai for husband

O R D E R

(Order of the Court was made by C.V.Karthikeyan, J.) The child of the petitioner, Rafeal, has been produced and has appeared through video conferencing from the Principal District Court Complex at Dindigul. The petitioner is present with her other child.

2. There are parallel proceedings in C.M.A.(MD).No.1384 of 2024, which are pending between the parties, wherein interim arrangements have been made and a series of orders have been passed. The matter would hopefully be listed on 08.12.2025.

3. The petitioner states that she would go to Dindigul to meet her other son, Rafeal. Visitation can be facilitated at the Mediation and Conciliation Centre attached to Dindigul Court Complex on 29.11.2025

and again on 05.12.2025 respectively at 11.00 a.m. The husband of the petitioner should facilitate free access to the child, now in his custody to meet his mother and be with his mother for a period of atleast two hours till about 01.00 p.m. Thereafter, the rights of the parties can be agitated in C.M.A.(MD).No.1384 of 2024.

4. A copy of this order may be communicated to the Principal District Court at Dindigul TO make appropriate arrangements for facilitating the visitation of the petitioner herein to interact with her other son, Rafeal at the Mediation and Conciliation Centre, Dindigul Court Complex on 29.11.2025 and 05.12.2025 from 11.00 a.m., to 01.00 p.m., respectively.

5. Recording the above, this Habeas Corpus Petition is closed.

6. The parties to agitate the issue before C.M.A.(MD).No.1384 of 2024, which the Registry is directed to list on 08.12.2025. [C.V.K., J.] [R.V., J.] 26.11.2025 TSG

To 1.The Principal District Court, Dindigul.

2.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

4.The Section Officer, Madurai Bench of Madras High Court, Madurai.

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

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

TSG 26.11.2025