H.C.P.No.
229 of 2 025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
H.C.P.No.229 of 2025
Vijayapriya ...Petitioner
Vs
1. The Superintendent of Police,
Superintendent of Police Office,
Villupuram District.
2. State rep. by Inspector of Police,
All Women Police Station,
Tindivanam, Villupuram District.
3. P.Sivapragasam ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Habeas Corpus and direct the respondents to produce the
petitioner's minor daughter Sri Vaitheeswari D/o.Vijayapriya aged about 2½
years from the custody of the 3 rd respondent before this Court and handover to
the petitioner.
For Petitioners : Mr.V.Navaneethakrishnan
For R1 & R2 : Mr.R.Muniyapparaj, APP
assisted by Mr.M.Sylvester John
For R3 : Mr.B.Balavijayan
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H.C.P.No.229 of 2 025
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The petitioner herein is the wife of the 3 rd respondent to whom a 2½
years old minor daughter was born. Owing to an estranged relationship, the
petitioner and the 3rd respondent are living separately. Alleging that the 3 rd
respondent had forcibly sent the petitioner out of the matrimonial house and
retained the minor daughter with him, she has filed the present Habeas Corpus
Petition seeking for securing her minor daughter and handover its custody to
her.
2. When the matter came up for hearing on 03.03.2025, we had taken into
consideration that the petitioner's minor daughter was at a tender age of 2½
years and therefore, her normal custody should be only with her mother and
accordingly directed the 3rd respondent to handover the custody of the minor
daughter to the petitioner. Through the same order, we had also referred the
parties to the Mediation and Conciliation Centre attached to the High Court of
Madras, Chennai, on 05.03.2025.
3. Today, when the matter was called, both the parties had reported that
the conciliation proceedings had ended in failure. It was also mutually
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H.C.P.No.229 of 2 025
submitted that the minor child is now under the care and protection of the
petitioner.
4. Since both the petitioner and the 3 rd respondent had not come to a
mutual understanding with regard to their matrimonial difference, as well as the
custody of their minor daughter, it would be appropriate to relegate the parties
to approach the competent Civil Court of law, seeking for custody of their
minor daughter. However, since the minor child is aged only about 2½ years, it
would be conducive that the interim custody of the minor child is retained by
the petitioner/mother and accordingly, we order so.
5. The 3rd respondent/father is at liberty to visit his minor daughter once
in 15 days for about one hour, at the residence of the petitioner. During such
visits, the petitioner shall not create any disturbance or other inconvenience to
the 3rd respondent and shall ensure that the 3rd respondent has full access to the
child. However, the 3rd respondent shall not take the child out of the petitioner's
house during his visits.
6. In case any of the parties approach the appropriate Family Court/Civil
Court seeking for custody of child, the concerned Court shall deal the petition
s tr ict ly o on its own merits and pass appropriate orders in
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accordance with law,
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H.C.P.No.229 of 2 025
without being influenced by any of the observations made in this order or grant
of interim custody by this Court.
7. With the above directions, the Habeas Corpus Petition stands disposed
of.
(M.S.R.,J.) (N.S.,J.)
28.03.2025
Index:Yes/No
Neutral Citation:Yes/No
Speaking order/Non-speaking order
hvk
To
1. The Superintendent of Police,
Superintendent of Police Office,
Villupuram District.
2. The Inspector of Police,
All Women Police Station,
Tindivanam, Villupuram District.
3. The Public Prosecutor,
High Court of Madras, Chennai.
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H.C.P.No.229 of 2 025
M.S.RAMESH,J.
AND
N.SENTHILKUMAR,J.
hvk
H.C.P.No.229 of 2025
28.03.2025
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