Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 179654 (MAD)

DIVYA JYOTHI v. The Commissioner of Police

HCP/2304/2025 · 2025-11-07

M Jothiraman, N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H.C.P.No.2304 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.11.2025 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN H.C.P.No.2304 of 2025 Mrs.Divya Jyothi ... Petitioner -vs- 1. The Commissioner of Police, Chennai City, Vepery, Chennai-600 007. 2. The Inspector of Police, Kotturpuram, Chennai. 3. P.Padmanabhan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body and person of the petitioner's minor son, by name P.Bavesh before this Court and hand over to the petitioner forthwith. For Petitioner : Mr.R.Krishnakumar For R1 & R2 : Mr.A.Damodaran Addl. Public Prosecutor Assisted by Mr.M.Karthikeyan Advocate ***** O R D E R 1/4 https://www.mhc.tn.gov.in/judis H.C.P.No.2304 of 2025 The petitioner, who is the mother of the detenue, seeks production of her minor son, namely, P.Bavesh, aged about 9 years before this Court and hand over his custody to her. 2. Admittedly, the child is in the custody of his father, who is a natural guardian. It is stated by the learned Additional Public Prosecutor that G.W.O.P.No.880 of 2024 has been filed before the Family Court, Malkaj Giri District, Telegana, seeking custody of the child. 3. In such view of the matter, the issue purely relates to the custody of the child and the matter has already been seized by the Family Court at Telegana. Therefore, finding that the child is not in the illegal custody of any one, this petition is closed. (N.S.K,J.,) (M.J.R,J.,) 07.11.2025 Index: Yes/No Internet: Yes/No ar 2/4 https://www.mhc.tn.gov.in/judis H.C.P.No.2304 of 2025 To: 1. The Commissioner of Police, Chennai City, Vepery, Chennai-600 007. 2. The Inspector of Police, Kotturpuram, Chennai. 3. The Public Prosecutor, High Court, Madras. 3/4 https://www.mhc.tn.gov.in/judis H.C.P.No.2304 of 2025 N.SATHISH KUMAR, J. AND M.JOTHIRAMAN, J. ar H.C.P.No.2304 of 2025 07.11.2025 4/4 https://www.mhc.tn.gov.in/judis