High Court · 2025

CRL MP(MD). No.5464 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTTuesday, the Tenth day of June Two Thousand and Twenty Five PRESENTTHE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS. JUSTICE R. POORNIMA CRL MP(MD). No.5464 of 2025 in H.C.P.(MD)No.121 of 2025 Jafar Sathik ... Petitioner -Vs- 1 Thasleema Sumaiya 2 The Superintendent of Police Karur District. 3 The Inspector of Police Aravakurichi Police Station Karur District. ... RespondentsPrayer in Crl.MP(MD)No.5464 of 2025;- This Criminal Miscellaneous Petition filed under Article 226 of TheConstitution of India,to direct the 1st respondent to immediately hand over thecustody of the minor children namely Mohammed Shamir Sahfaan, aged 8 yearsand Shaffiya, aged 6 years to the petitioner herein, as per the directions given by thisHonble Court in the order dated 28.01.2025 Passed in HCP(MD)No.121 of 2025 andto abide by the outcome of the Pending Proceedings in GWOP No.36 of 2025 andO.S.No. 4 of 2025 on the file of the Family Court, Karur instituted by the 1stRespondent.1/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 Prayer in HCP(MD)No.121 of 2025;- Petition filed under Article 226 of the Constitution of India, praying for theissue of a Writ of Habeas Corpus, will be pleased to direct the respondents 1 and 2to secure and produce the body or person of the detenues namely minor MohamedShamir Sahfaan, S/o.Jafar Shathik, aged 6 years and namely minor Shafiya,D/o.Jafar Shathik, aged 5 years under the custody of the third respondent hereinand direct the respondents 1 & 2 to hand over them custody of the minor children tothe petitioner.ORDER:- This Criminal Miscellaneous Petition coming on for orders on this dayand upon perusing the petition and the affidavit filed in support thereof and uponhearing the arguments of Mr.V.Balaji , Advocate for the Petitioner and ofMr.Ponkarthikeyan Advocate for Mr.A.Thiagarajan Advocate for the 1strespondent Mr.B.Nambiselvan , Advocate for the 2nd and 3rd respondents , thisCourt made the following order;- This Criminal Miscellaneous Petition is filed by the petitioner/husbandseeking a direction to the 1st respondent/wife to hand over the custody of the minorchildren, namely Mohammed Shamir Sahfaan, aged 8 years, and Shaffiya, aged 6years, to the petitioner/husband, based on the directions issued by the Hon’ble2/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 Division Bench of this Court vide order dated 28.01.2025, passed in H.C.P. (MD) No.121 of 2025, and also to abide by the outcome of the pending proceedings inG.W.O.P. No. 56 of 2025 and O.S. No. 4 of 2025 on the file of the Family Court,Karur. 2. Heard both side and perused the material documents available onrecord.3. It is the case of the petitioner/husband that he was married to the 1strespondent/wife, namely Thasleema Sumaiya. Out of the wedlock, they have onemale child, Mohammed Shamir Sahfaan, aged 8 years, and one female child,Shaffiya, aged 6 years. The children were residing with the petitioner/husband. Therespondent/wife had refused to live with him and had agreed to dissolve themarriage. By an agreement dated 19.09.2024, she granted 'KULA', left thematrimonial home, and handed over the custody of the children to the petitioner. 4. Later, she lodged a complaint before the 3rd respondent, alleging thatthe minor children were missing, and also filed a Habeas Corpus Petition before thisCourt in H.C.P. (MD) No. 121 of 2025. In the said petition, vide order dated28.01.2025, this Court passed the following interim order, which is extractedhereunder:3/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 “2. The petitioner got married to the third respondent asper Muslim rites and customs on 03.02.2017. A male child wasborn on 18.03.2018. A female child was born on 12.12.2019. Itis the case of the third respondent that the marriage has beendissolved and that the petitioner had given khula. The petitionerdenies the said allegation. She contends that this khula wasobtained under coercion and that she has not given any divorce.At present, the children are with the third respondent. 3. In these proceedings, the issue of custody cannot bedecided. We therefore grant liberty to the petitioner to move thejurisdictional civil Court / Family Court seeking custody of thechildren. As and when such GWOP is filed, it shall benumbered immediately. The court below shall endeavour todispose of any interim application that may be filed by thepetitioner on merits and in accordance with law within a periodof eight weeks. We make it clear that we have not gone into themerits of the matter. The third respondent undertook before usthat on every Saturday morning between 09:00 am and 10:00am., he will drop both the children in the house of the petitioner.The petitioner will hand over the children back to the thirdrespondent at 06:00 pm on the same day. This is only aninterim arrangement and this will abide by any order that maybe passed by the jurisdictional Civil Court / Family Court”. 4/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 5. It is the further case of the petitioner that, in compliance with the orderof the Hon'ble Division Bench of this Court dated 28.01.2025 passed in H.C.P. (MD)No. 121 of 2025, the petitioner had handed over the minor children to the 1strespondent/wife for ten consecutive Saturdays, up to 05.04.2025. However, on05.04.2025, the 1st respondent refused to return the children to thepetitioner/husband. Consequently, the petitioner/husband lodged a complaintbefore the 3rd respondent, seeking enforcement of this Court’s order by requestingthat the minor children be handed back to him on the evening of 05.04.2025 itself. 6. Since the 1st respondent has failed to comply with the said order, thepetitioner has filed the present Criminal Miscellaneous Petition seeking custody ofthe minor children. 7. By order dated 09.06.2025, this Court directed the 1st respondent/wifeto appear before this Court along with the minor children. Today, i.e., on 10.06.2025,the 1st respondent/wife is present before this Court along with the minor children.8. Mr.V.Balaji, the learned counsel appearing for the petitioner/husband,submitted that the 1st respondent has filed G.W.O.P. No.56 of 2025 before the FamilyCourt, Karur and the matter is pending. Whileso, the petitioner had been complyingwith the order of this Court passed in H.C.P(MD)No.121 of 2025 dated 28.01.2025 bydropping the children at the residence of the 1st respondent. However, on5/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 05.04.2025, the 1st respondent/wife refused to return the children to him, inviolation of this Court's order.9. Mr. Nambi, the learned Additional Public Prosecutor, submitted thatthe 1st respondent/wife had lodged a complaint against the petitioner/husband on06.04.2025. However, after conducting an enquiry and noting that the matter isseized by the High Court, the complaint was closed.10. On 28.01.2025, this Court passed an order as an interim arrangement,directing the parties to abide by any order passed by the jurisdictional CivilCourt/Family Court. We find that the 1st respondent has deviated from the orderpassed by this Court on 28.01.2025. We have also inquired the minor children. 11. Taking note of the submission and the facts, we direct the1st respondent/wife to hand over the custody of the minor children to thepetitioner/husband. The petitioner shall continue to comply with the earlierdirections of this Court by handing over the children at the residence of the 1strespondent’s father, Mr. Mohamed Mytheen, residing at Rengarajan Nagar,Pallapatti, Mobile No. 9790450484.12. The petitioner shall admit the children to Venus Matriculation School,Pallapatti, and they shall continue their education there. The 1st respondent/wifeshall facilitate the admission of the children to Venus Matriculation School,6/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 Pallapatti.13. It is made clear that this is only an interim arrangement, and theparties shall abide by any order that may be passed by the Family Court, Karur, inG.W.O.P. No. 56 of 2025.14. In the interest of the welfare of the minor children, we direct theDistrict Child Protection Officer, Karur District, Karur, to visit the children onceevery fortnight and ensure their welfare and safety. The District Child ProtectionOfficer, Karur District, Karur, is further directed to file a periodical report onceevery two months before the Legal Services Authority attached to this Bench.15. With these directions, this Criminal Miscellaneous Petition standsclosed. Sd/-ASSISTANT REGISTRAR ( CS - III )// True Copy // / /2025Sub Assistant Registrar( CS-I / II / III / IV )Madurai Bench of Madras High Court,Madurai.7/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 TO 1. The Superintendent of Police Karur District. 2. The Inspector of Police Aravakurichi Police Station Karur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madras.Copy to: 1.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 2. Thasleema Sumaiya W/o. Jafar Shathik, Rangaraj Nagar, Mariyamman Kovil 2nd Street, Aravakurichi Taluk, Karur, Karur District. 3. The District Child Protection Officer, Collectorate Campus, Karur District, Karur. 8/9 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.5464 of 2025 ORDER DATED : 10/06/2025 ========================== ORDER ========================== CRL MP(MD). No.5464 of 2025 in H.C.P(MD)No.121 of 2025 AS - ( 24 .06.2025) 9P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 9/9