HCP.No.181 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.01.2025 CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.181 of 2025 Sampoorna ... Petitioner Vs 1. The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri District. 2. The Inspector of Police, Bommidi-Nadoor Police Station, Dharmapuri District. 3. Palani ... Respondents PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the child namely Nishanthini, female, aged 4 years, the minor daughter of the petitioner, who is being held in illegal custody by the 3rd respondent before this Court and hand over to the petitioner. For Petitioner : Mr. R. Rajaramani https://www.mhc.tn.gov.in/judis HCP.No.181 of 2025 For Respondents : Mr. R. Muniyapparaj, Additional Public Prosecutor for R1 & R2 : Mr. Krishnasamy chinnasamy, for R3 ORDER (Order of the Court is made by S.M.SUBRAMANIAM, J.) The writ of Habeas Corpus Petition has been instituted to direct the respondents 1 and 2 to produce the child Nishanthini, female, aged about 3 years. 2. The marriage between the petitioner and the 3rd respondent Mr.Palani was soleminized on 04.09.2017 as per Hindu Rites and Customs at Jaliyur Temple Hall, Dharmapuri. From and out of their wedlock one female baby, namely, Nishanthini born on 31.12.2021. The child is now aged about 3 years. The petitioner left the matrimonial home on account of dispute with her husband/3rd respondent. 3. The 2nd respondent police produced the detenu/minor child. The petitioner and the 3rd respondent are also present. We have examined the parties. Page 2 of 6 https://www.mhc.tn.gov.in/judis HCP.No.181 of 2025 4. Matrimonial dispute exists between the petitioner and the 3rd respondent and they are living separately. We have examined the parents of the petitioner. The petitioner herself is an adopted daughter to her parents and the adoption was not made in accordance with law. The parents of the petitioner now disowned her by raising certain flimsy allegations. The compliant filed by the petitioner would reveal that the 3rd respondent ill-treated her in drunken mood on several occasions. However, the matrimonial disputes are to be resolved by approaching the competent court of law. 5. As far as the minor child, aged about 3 years, is concerned, Section 6(A) of the Hindu Minority and Guardianship Act 1956 reads as under: " 6. Natural Guardians of a Hindu Minor:- The natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interrest in joint family property), are (a) in the case of a boy or an unmarried girl- the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; " https://www.mhc.tn.gov.in/judis HCP.No.181 of 2025 6. The petitioner, who is mother of the minor child states that she is working and capable of maintaining the child. Her biological parents are not traced. 7. Under these circumstances, this Court is not inclined to hand over the minor child to the 3rd respondent, whose behaviour is also questioned by the petitioner. The best interest of the child is to be protected and in the present case, the child is aged about 3 years and one month and that being so, the minor child, Nishanthini, must be with the mother for the interest of the child. 8. Accordingly, the custody of the minor Child, Nishanthini, is handed over to the petitioner/mother of the child forthwith. The 3rd respondent is at liberty to approach the competent court seeking visitation rights, if he choses to do so. 9. With the above observation, this Habeas Corpus Petition stands allowed. [S.M.S., J.] [M.J.R., J.] 30.01.2025 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No mrp https://www.mhc.tn.gov.in/judis HCP.No.181 of 2025 To 1. The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri District. 2. The Inspector of Police, Bommidi-Nadoor Police Station, Dharmapuri District. 3. The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis HCP.No.181 of 2025 S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J. mrp H.C.P.No.181 of 2025 30.01.2025 https://www.mhc.tn.gov.in/judis