Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 103653 (MAD)

S.VINITHA v. The Commissioner of Police

HCP/1853/2025 · 2025-09-19

J Nisha Banu, S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HCP No. 1853 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-09-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR H.C.P No. 1853 of 2025 1. S.Vinitha W/o. Sundhar Raj, No.1/254, 12th Street, Thaimugambikai Nagar, Madampakkam, Guduvancheri, Chennai. Petitioner(s) Vs 1. The Commissioner of Police Tambaram City, Chennai. 2.The Inspector of Police H-2 Guduvancheri Police Station, Guduvancheri, Chennai. 3.Sundar Raj S/o. Arumugam, No.6/55, 203 Thandarai, PeriaIrumbedu, Kancheepuram-603105. Respondent(s) https://www.mhc.tn.gov.in/judis HCP No. 1853 of 2025 PRAYER the Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce petitioner's minor child namely Iniya Tamil, male aged about 5 years old, before this Hon'ble Court from the custody of the 3 rd respondent and handover to the petitioner. For Petitioner(s): Mr. D.Maharaja For Respondent(s): Mr.A.Gokulakrishnan, Additional Public Prosecutor ORDER (Order of the Court was made by J.NISHA BANU, J.) The present Habeas Corpus Petition is filed to direct the respondent Nos. 1 and 2 to produce petitioner's minor child namely Iniya Tamil, male aged about 5 years old, before this Hon'ble Court from the custody of the 3 rd respondent and handover to the petitioner. 2. It is stated by the petitioner that when the child was studying in the school, the third respondent / father had taken the child from the school. 3. When the matter is taken up for hearing today, the child, who is aged about 5 ½ years old, is produced before this Court. We have interacted with the child. The child immediately went to the mother and is comfortable with the mother. https://www.mhc.tn.gov.in/judis HCP No. 1853 of 2025 4. Since the child was taken from the school, we are inclined to grant custody of the child to the petitioner / mother. Accordingly, this Habeas Corpus Petition is allowed. (J.NISHA BANU J.) (S.SOUNTHAR J.) 19-09-2025 ASI To 1.The Commissioner of Police Tambaram City, Chennai. 2.The Inspector of Police H-2 Guduvancheri Police Station, Guduvancheri, Chennai. 3.Sundar Raj S/o. Arumugam, No.6/55, 203 Thandarai, PeriaIrumbedu, Kancheepuram-603105. 4. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis HCP No. 1853 of 2025 J.NISHA BANU J. AND S.SOUNTHAR J. ASI H.C.P No. 1853 of 2025 19-09-2025 https://www.mhc.tn.gov.in/judis