2026 Supreme(Online)(Mad) 38036

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, SUNDER MOHAN, JJ
R.Francy Salmona – Appellant
Versus
Deputy Commissioner of Police – Respondent
H.C.P.No.771 of 2026

Habeas corpus not maintainable against private parties for child custody; pursue in family court.

Headnote:First Paragraph: Under Article 226 of the Constitution of India, the petitioner sought a writ of habeas corpus directing production of her minor son allegedly detained by private respondents and handover of custody. The High Court found no basis for police involvement or jurisdiction in the matter. The court determined it lacked authority to entertain the petition. Second Paragraph: The issue framed was whether the High Court could direct police to produce the minor from private custody. The ratio decidendi is that habeas corpus against private parties without state agency involvement is not maintainable, requiring approach to family court for custody disputes. Last Paragraph: The petition is dismissed with liberty to pursue the matter before the appropriate Court.