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2025 Supreme(Online)(Mad) 58073

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, S.Sounthar, JJ
J.Easwari – Appellant
Versus
The Superintendent of Police, Office of the Superintendent of Police, Salem District. – Respondent


Advocates:
For the Petitioner: Mr.R.Murali
For R1 & R2: Mr.A.Damodaran Addl. Public Prosecutor
For R3: Mr.Ramana Reddy

Table of Content
1. petition for habeas corpus filed regarding minor child's custody. (Para 1 , 2)
2. child's preference noted; mother's attempt at interaction. (Para 3)
3. court's observations on custody responsibilities and its legal ramifications. (Para 4 , 5 , 6 , 7)
4. court's decision to dismiss habeas corpus in the absence of illegal detention. (Para 8)

(By J.Nisha Banu,J.)

This petition has been filed for a direction to the 2nd respondent herein to produce the body or in person of the petitioner's minor son, J.Pragadeesh, aged 5 years, S/o Jeyamurugan before this Court and handover him to the petitioner.

2. The learned counsel for the petitioner would submit that the minor child was snatched away from the petitioner/mother by the father/3rd respondent and kept the custody of the child with him without the consent of the petitioner and not permitting her even to see him, which amounts to illegal detention and despite the complaint lodged with the concerned police, no steps were taken to secure the minor child.

3. When the matter is taken up for hearing, the minor child, namely, J.Pragadeesh along with his father, Jeyamurugan who is the 3rd respondent herein has been produced before

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