Madras HC Orders Father To Hand 2½-Year-Old To Mother After Child Was Allegedly Taken From Her Home

The petitioner and the third respondent, who are married, were living separately amid matrimonial disputes.

The petitioner alleged that the third respondent had subjected her to abuse and that she had left the matrimonial home with their children to live with her mother in Chennai.

On 28 August 2026, the third respondent allegedly came to the petitioner’s maternal home and took their minor child, Raphael, without her consent.

The petitioner complained to the second respondent police, who registered CSR No. 0187 of 2026 and initiated an enquiry; the third respondent did not attend when summoned.

The petitioner then filed this habeas corpus petition seeking production of the child and his return to her custody.

The third respondent stated that he had taken the child because the child’s school in Pondicherry had commenced.

The Court proceeded under its habeas corpus jurisdiction under Article 226 of the Constitution, as invoked in the petition.

It held that, although the third respondent was the child’s father and natural guardian, custody of a minor child could not be taken by force and must be sought in accordance with the procedure established by law.

The Court noted that the parties were living separately and that the petitioner alleged the third respondent had taken the child from her while the child was in her care at her maternal home.

The third respondent’s status as father and natural guardian did not justify taking the child by force; he was required to seek custody through lawful procedure.

In those circumstances, the Court directed him to return the child to the petitioner, while making clear that its observations would not affect any subsequent proceedings before the appropriate forum.

The habeas corpus petition was closed, with the Court’s observations expressly limited to that petition and not to any later proceedings between the parties.