Madras High Court

HCP/1874/2026 of Ananthi Vs The Inspector of Police on 28 September 2026

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HCP No. 1874 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

HCP No. 1874 of 2026

CNR:{HCMA012187492026}

Ananthi

W/o Ganesh,

No.13, Marriyamman Kovil Street,

Vazaikulam, Pudhuchery Taluk,

Puducherry

..Petitioner(s)

Vs

1. The Inspector of Police

Virugambakkam Police Station,

Koyambed, Chennai District.

2. The Inspector of Police

Muthaliyarpet Police Station, Pudhuchery

3. K.Ganesh

S/o. Kannan,

No.9, Jeeva Street, Mathiyalagan Street, Virugambakkam, Chennai

..Respondent(s)

Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first respondent herein to produce the petitioner’s daughter Gayathiri, D/o.Ganesh, aged about 11 years, who is now in the custody of the third respondent, before this Court and hand over to the petitioner.

HCP No. 1874 of 2026

For Petitioner(s):

Mr.K.Gandhi Kumar

For RR 1 and 2:

Mr.M.Mohamed Riyaz

Additional Public Prosecutor

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ORDER

(made by N.Sathish Kumar J.) Seeking a direction to first respondent herein to produce her daughter Gayathiri, D/o.Ganesh, aged about 11 years, who is now in the custody of the third respondent, before this Court and hand over to her, the petitioner has filed the present habeas corpus petition.

2. It is the case of the petitioner that she got married to the third respondent herein on 29.06.2014 and begot a female child viz. Gayathiri through the wedlock. Thereafter, due to some matrimonial discord, she got estranged from her husband. While that being so, her husband has forcibly taken her minor daughter Gayathri, aged about 11 years, from her custody and refused to send her. It is the grievance of the petitioner that despite her complaint, the police are not taking effective steps to secure her daughter.

3. Heard the learned counsel on both sides and perused the records.

4. Admittedly, the minor child Gayathri, aged about 11 years, is said in the custody of her father, who is a natural guardian. Apropos, the custody of the child with its father cannot be said to be illegal.

HCP No. 1874 of 2026

Hence, this habeas corpus petition stands closed. It is for the petitioner to work out her remedy before the Court concerned by filing appropriate application for custody of the child. (N.S.K.,J.) (K.R.S.,J.) 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd To

1. The Inspector of Police Virugambakkam Police Station, Koyambed Chennai District.

2. The Inspector of Police Muthaliyarpet Police Station,Pudhuchery

3. The Public Prosecutor, Madras High Court, Chennai.

HCP No. 1874 of 2026

N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 1874 of 2026 28-09-2026

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