Madras High Court
HCP(MD)/1178/2026 of Sowmiya Vs The State of Tamilnadu, Rep. on 16 September 2026
H.C.P.(MD)No.1178 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
H.C.P.(MD)No.1178 of 2026
Sowmiya
... Petitioner /
Mother of the Detenue
Vs.
1.The State of Tamil Nadu,
The Superintendent of Police,
Dindigul District,
Dindigul.
2.The Inspector of Police,
Town North Police Station,
Dindigul,
Dindigul District.
3.The Inspector of Police,
All Women Police Station,
Vadamadurai,
Dindigul District.
4.Subramani
5.Amaravathi
6.Kamalakkannan
H.C.P.(MD)No.1178 of 2026
7.Wills
8.Rajkumar
... Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus, to direct the respondents 1 to 3 to produce the person or body of the petitioner's children namely minor.Prithviraj S/o.Balamurugan, aged about 10 years and Minor Dhanusri D/o.Balamurugan, aged about 9
years before this Court from the illegal and unlawful custody of the respondents 4 to 8 and handed over the custody to the petitioner.
For Petitioner
: M/s.M.Viji
For Respondents : Mr.D.Venkatesh,
Addl. Public Prosecutor for R1 to R3
: Mr.R.Vinoth
for R4
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ORDER
(By G.R.Swaminathan, J.) This Habeas Corpus Petition has been instituted by the mother of the children.
2. The petitioner's husband passed away on 14.10.2024. The petitioner has thereafter remarried. The case of the petitioner is that on
H.C.P.(MD)No.1178 of 2026 the event of her remarriage, kattapanchayat was held in the village and her children were forcibly taken away. The petitioner points her fingers at her erstwhile brothers-in-law and in-laws.
3. The matter was taken up in the morning. We directed the jurisdictional Police to cause production of the children. In compliance with the direction, Mrs.P.Suriyakala, Sub Inspector of Police, Town North Police Station, Dindigul, caused production of the children before us. We had a detailed interaction with the children in our chambers. We consciously refrain from dealing into the matter further. We are of the view that it is only just and proper that the petitioner moves the jurisdictional Family Court / Civil Court for relief. Granting such liberty, the Habeas Corpus Petition is dismissed. The police are directed to keep their hands off. No costs. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
H.C.P.(MD)No.1178 of 2026 To:
1. The Superintendent of Police, Dindigul District, Dindigul.
2. The Inspector of Police, Town North Police Station, Dindigul, Dindigul District.
3. The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD)No.1178 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
rmi H.C.P.(MD)No.1178 of 2026
16.09.2026