The Madurai Bench of the Madras High Court on March 17, 2026, dealt with a habeas corpus plea filed by a distressed husband seeking the production of his wife and two young children who had gone missing. While the Court made it clear that an adult woman has the freedom to choose her partner, it stepped in firmly to safeguard the interests of the minor children.
Background of the Case
The petitioner, S. Murugan, approached the High Court claiming that his wife Bhavani and their two children aged around three-and-a-half years and two years had suddenly gone missing from March 6, 2026. Despite filing a complaint, he alleged that the police had not taken effective steps to trace them.
A “woman missing” FIR was registered the next day, but Murugan expressed concern that his wife and children might be in danger, particularly suspecting the involvement of a third person.
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During the hearing, the Additional Public Prosecutor informed the Court that the woman had allegedly developed a relationship with another man and had voluntarily left with him, taking the children along.
Murugan’s counsel, however, stressed that his primary concern was the safety and well-being of the children, given their tender age.
The Bench of Justice N. Anand Venkatesh and Justice P. Dhanabal drew a clear distinction between the rights of an adult woman and the welfare of minor children.
“The detenue… seems to have developed a relationship with the third respondent. If she chooses to go along with him, there is nothing much that can be done in a Habeas Corpus Petition,” the Court observed.
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At the same time, the judges emphasized that the situation of the children required immediate judicial attention.
“This Court is more concerned about the two children, who have been taken away,” the Bench noted, underscoring that their welfare could not be ignored.
Taking a balanced approach, the Court issued directions to the police to trace the whereabouts of the woman and the children and produce them before the Judicial Magistrate at Alangulam as soon as possible.
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The Court further directed that:
- The petitioner must be notified when they are produced.
- The Magistrate shall record the woman’s statement.
- The Magistrate should interact with the children and assess their situation before taking further steps in accordance with law.
With these directions, the habeas corpus petition was disposed of.
Case Title: S. Murugan vs Superintendent of Police & Ors.
Case Number: H.C.P.(MD) No. 335 of 2026
Decision Date: 17 March 2026
Counsels:
- For Petitioner: Mr. V.M. Jegadeesha Pandian
- For Respondents: Mr. A. Thiruvadi Kumar, Additional Public Prosecutor
