JUDGMENT :

S. Vaidyanathan, G. Jayachandran, JJ.

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the detenues namely, (Minor) Prajna and Pragathi, D/o.Vijay, aged about 10 years respectively, children of the petitioner before this Court and hand over the custody to the petitioner.)

1. The petitioner herein is the mother of twin daughters Prajna and Pragathi born on 20.11.2011. The petition is for issuance of Writ of Habeas Corpus directing the respondents to produce her minor daughters before this Court and consequential relief.

2. The case of the petitioner is that, she got married to the fifth respondent (M.Vijay) on 25.03.2010. Her husband - the respondent herein is employed in Wipro GE Health Care at Bangalore. Twin children born to them on 20.11.2011. One of her twin daughter viz., Pragathi suffers from Hydrocephalus in the brain and had underwent surgery thrice. She was subjected to harassment by the fifth respondent and his family members for begetting two female children. Hence, she left the matrimonial home along with her children and living with her parents at Melur. Taking advantage of her separation, before the Family Court, Madurai, the fifth respondent filed H.M.O.P.No.230 of 2019, for divorce under Section 13(1) (1-a) of the Hindu Marriage Act and G.W.O.P.No.109 of 2019 for custody of the children. She filed H.M.O.P.No.443 of 2019 for restitution of conjugal rights before the Family Court, Madurai. On the intervention of elders of the family, the petitioner and the fifth respondent resolved their difference and reunited. As a result, all the proceedings initiated before the Family Court, Madurai, were dismissed for non-appearance.

2.1. After reunion, again, the family members of the fifth respondent started harassing her and refused to spend for her child health care. All the medical expenses to treat the minor girl Pragathi was met out by the parents of the petitioner. They started demanding dowry of Rs.25,00,000/- and insisted to get her share from her father. On 25.06.2021 she was thrown out of the house and not allowed to enter the house. After waiting till evening, she was forced to leave the matrimonial home to her parents house leaving her children. When the petitioner reached her parents house at Melur, considering the welfare of the minor girl children, she along with her parents and relatives came to the fifth respondent house at Madurai to settle the dispute. However, the fifth respondent and her family members refused to take back the petitioner unless she come with money and documents. Her request for time to meet out the demand was declined and her request to give the custody of the minor children was also refused.

2.2. The fifth respondent, who is the husband of the petitioner and father of the minor children, is employed in Bangalore. The mother of the fifth respondent is mentally ill. They are not able to take care of the children. Hence, they have left the children with seventh respondent at Thiruppur. At the residence of the seventh respondent, the children are subjected to humility and step motherly treatment. Against the medical advice, the head of Pragathi was tonsured. Knowing this, she contacted the Child Helpline No.1098 and informed about the cruelty caused to her children. Based on her complaint, the fifth respondent was enquired and on his information, the fourth respondent visited the seventh respondent's residence and confirmed the children are with the seventh respondent and not with the fifth respondent.

2.3. Alleging that the children are illegally detained with the seventh respondent, as the mother of the minor twin children legally entitled to keep the custody of the children, had approached this Court by way of Habeas Corpus Petition.

3. On receipt of the notice, the respondents 5 to 8 through counsel, have appeared and submitted that, the children are pre