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HCP.No.2734 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE P. DHANABA L

H CP.No.2734 of 2025

S.Senthil Kumar ... Petitioner

Vs.

1. State Rep by

Deputy Superintendent of Police,

Dharmapuri District.

2. The State

Rep.by Inspector of Police,

B1, Dharmapuri Police Station.

3. Kalaiarasi Jayapal

4. K.Jayapal

5. S.Kalavathi ... Respondents

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of

India seeking issuance of direction in the nature of writ of Habeas Corpus to

direct the respondents herein to produce the petitioner’s minor children namely

Kavin Senthil Kumar and Krithik Senthil Kumar before this Court from the

illegal custody of respondents 3 to 5 and set them at liberty.

For Petitioner : Mr.M.Ashwin Kumar

For Respondents : Mr.A.Gokulakrishnan

Additional Public Prosecutor

for R1 and R2

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HCP.No.2734 of 2025

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The present Habeas Corpus Petition has been instituted to direct the

respondents to produce the petitioner’s minor children viz., Kavin Senthil

Kumar and Krithik Senthil Kumar before this Court from the illegal custody of

respondents 3 to 5 and set them at liberty.

2. The case of the petitioner is that, he married 3^rd respondent on

09.02.2012 as per the Hindu rights and customs. Out of the wedlock, two male

children were born. While so, due to matrimonial dispute, both the petitioner

and the 3^rd respondent left the matrimonial home and living separately.

According to the petitioner, two minor children remained to be in the custody of

the petitioner and when the petitioner left abroad, the children were in the

custody of petitioner’s parents and taking advantage of absence of the petitioner,

the third respondent took the custody of the minor children. Hence the present

writ petition.

3. The learned Additional Public Prosecutor appearing on behalf of

the respondents 1 and 2, on instructions, would submit that the minor children

are in the custody of 3^rd respondent / mother of the minor children and they are

happily living.

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HCP.No.2734 of 2025

4. In view of the above submission made by the learned Additional

Public Prosecutor that the minor children are with the custody of the mother, the

said custody cannot be termed as an illegal detention warranting interference

from the hands of this Court by admitting the habeas corpus petition.

5. Thus, the petitioner has not established any prima facie case for

entertaining the present habeas corpus petition and consequently, the same

stands dismissed.

[S.M.S., J.] [P.D.B., J.]

26.12.2025

Index: Yes

Speaking order

veda/gpa

To

1. The Deputy Superintendent of Police,

Dharmapuri District.

2. The Inspector of Police,

B1, Dharmapuri Police Station.

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HCP.No.2734 of 2025

S.M.SUBRAMANIAM, J.

AND

P. DHANABAL.J.

veda/gpa

W.P.Crl.No.2734 of 2025

26.12.2025

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