Latha v. The State of Tamil Nadu

O R D E R (Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This Habeas Corpus Petition has been filed for a direction directing the respondents to secure and produce the petitioner's minor daughter before this Court.

¶2The petitioner is the mother of the detenu. The detenu is aged about 16 years. The detenu went missing from her house on

25.09.2025. Therefore, the petitioner lodged a complaint before the second respondent, which was registered as Crime No.947 of 2025 under "Girl Missing." During investigation, the second respondent found that the minor detenu eloped with one Tamilvanan and they were staying together at Thirupur. The detenu is produced before this Court. She deposed that she is aged about 17½ years and that her date of birth is

28.08.2008. She stated that she married one Tamilvanan and that she is presently seven months pregnant. She further deposed that she had earlier eloped with the same person and, pursuant to a complaint, she was secured and handed over to her parents. Therefore, she attempted to commit suicide by consuming poison and was admitted to the hospital, where she is taking treatment for more than ten days. Now, she doesn't want to go with her parents and she is living with her husband happily.

¶3The petitioner and her husband appeared before this Court and stated that they have no objection for the detenu living with her husband. However, since the detenu is a minor and has refused to go with her parents, and the parents are also unwilling to take her into their custody, this Court is left with no other option but to send the detenu to a Government Home.

¶4In view of the above, this Court directs the second respondent to produce the minor detenu namely Hema before the Integrated Service Centre, Periyamilaguparai, Cantonment, Trichy as it is also located nearby Government Hospital, Trichy. The second respondent must ensure that the detenu shall be given treatment for her pregnancy periodically.

¶5The District Social Welfare Officer, Cantonment, Trichy is directed to take care of the detenu by name Hema, who is at the stage of 7 months pregnency during her delivery and post delivery. The In-charge of the Integrated Service Centre, Periyamilaguparai, Cantonment, Trichy is directed to permit the relatives of detenu to visit the detenu at her wishes. Further, the second respondent is directed to submit a report about the detenu's health condition before this Court, once in a month, till her attainment of majority.

¶6In view of the above directions, the habeas corpus petition is disposed of.

[G.K.I., J.] [R.P., J.]

05.02.2026

am NCC :Yes/No Index: Yes/No Internet: Yes/No Note: Issue order copy on or before 06.02.2026 To

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To

1.The Integrated Service Centre, Periyamilaguparai, Cantonment, Trichy.

2.The District Social Welfare Officer, Cantonment, Trichy. G.K. ILANTHIRAIYAN,J. AND R. POORNIMA,J. am

05.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2026 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Latha ... Petitioner -vs- 1.The Superintendent of Police, Trichy District, Trichy. 2.The Inspector of Police, Thuraiyur Police Station, Trichy District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of petitioner's daughter by name Hema, D/o.Senthil Kumar, female, aged 17 years, the detenu in the present case, before this Court and consequently hand over the custody of the detenu the petitioner. For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor