Judgment · High Court

H.C.P(MD)No.716 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 03.07.2025CORAM:THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRAANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANH.C.P(MD)No.716 of 2025 Vijayalakshmi... Petitioner/Mother and Grandmother of the detenues-Vs-1.The State of Tamil Nadu rep by The Superintendant of Police, Sivagangai, Sivagangai District.

The State rep by The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District. (Crime No.252 of 202)

Yasar Arbath... RespondentsPRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to 1/6 https://www.mhc.tn.gov.in/judis H.C.P(MD)No.716 of 2025produce the person or body of (1)Ishwarya, W/o.Vignesh, D/o.Ravichandran, aged about 27 years, daughter of the petitioner, (2)Durga, aged about 5 years and (3)Jothika, aged about 2 years, daughters of Vignesh, maternal Grand daughters of the petitioner from the illegal custody of respondents No.3 before this Court and set them at liberty. For Petitioner: Mr.S.LouisFor Respondents: Mr.B.Nambi Selvan Additional Public ProsecutorORDER(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)The petition is filed to direct the respondents 1 and 2 to produce the person or body of (1)Ishwarya, W/o.Vignesh, D/o.Ravichandran, aged about 27 years, daughter of the petitioner, (2)Durga, aged about 5 years and (3)Jothika, aged about 2 years, daughters of Vignesh, maternal Grand daughters of the petitioner from the illegal custody of the third respondent before this Court and set them at liberty.2/6 https://www.mhc.tn.gov.in/judis H.C.P(MD)No.716 of 20252.The case of the petitioner is that her daughter aged about 27 years was found missing from the house on 16.06.2025 along with her children. The petitioner had preferred a complaint before the respondent police and a case in Crime No.252 of 2025 was registered under “Woman Missing” and “Children Missing” respectively. Since no action had been taken by the respondent police to find out the whereabouts of her daughter and grand-children, the present Habeas Corpus Petition. 3..When the matter is taken up for hearing today, the missing person and the children are produced before this Court.

We enquired the missing person, she submitted that she married one Vignesh and out of wedlock, they were blessed with two children, aged about 5 years and 2 years old respectively. She further submitted that due to matrimonial dispute with her husband, she had left the home without informing her husband and her mother along with the third respondent, who is known to her and she was working at Tiruppur. She further submitted that she is not in illegal detention of anybody and for only out of frustration, she left the matrimonial home and she 3/6 https://www.mhc.tn.gov.in/judis H.C.P(MD)No.716 of 2025had expressed her willingness to go along with her mother, the petitioner herein.

Since the missing person is not in illegal detention of anybody and she had expressed her willingness to go along with her mother, the Habeas Corpus Petition stands closed. [A.D.J.C.,J.] & [G.A.M.,J.] 03.07.2025NCC:Yes/NoIndex: Yes/NoNs4/6 https://www.mhc.tn.gov.in/judis H.C.P(MD)No.716 of 2025To1.The State of Tamil Nadu rep by The Superintendant of Police, Sivagangai, Sivagangai District. 2. The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6 https://www.mhc.tn.gov.in/judis H.C.P(MD)No.716 of 2025A.D.JAGADISH CHANDIRA, J.ANDG.ARUL MURUGAN.,J . NsORDER MADE INH.C.P(MD)No.716 of 202503.07.20256/6