HCP No.2685 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

Coram

The Hon'ble Mr. Justice M.SUNDAR

and

The Hon'ble Mr. Justice M.NIRMAL KUMAR

H.C.P. No.2685 of 2022

Sumathi

... Petitioner

-vs-

1.The District Collector,

District Collector Office, Villupuram.

2.The Superintendent of Police,

District Police Office, Villupuram District.

3.The Inspector,

All Women Police Station, Villupuram.

4.District Child Protection Officer,

Child Protection Unit, Villupuram District.

5.The Chairperson,

Child Welfare Committee, Villupuram District.

... Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Habeas Corpus directing the respondents herein to

produce the detenu male child S/o.Jayasudha aged abut 53 days before this

Court and hand over his custody to the biological mother and the petitioner.

1/10

https://www.mhc.tn.gov.in/judis

HCP No.2685 of 2022

For Petitioner

..

Mr.Krishnasamy Chinnasamy

For Respondents

..

Mr.R.Muniyapparaj

Additional Public Prosecutor

ORDER

[Order of the Court was made by M.NIRMAL KUMAR, J.]

The petitioner/mother of one Jayasudha filed this petition seeking

direction to the respondents herein to hand over the custody of the male

child, aged 53 days to the natural mother/petitioner's daughter.

2.The petitioner's minor daughter, by name Jayasudha had a love

affair with one Thirumalpathi, due to which she got pregnant and gave birth

to a male child on 28.10.2022 at Government Medical College and Hospital,

Mundiyampakkam, Villupuram when her daughter was a minor.

Thereafter, a case was registered against the said Thirumalpathi in Crime

No.85 of 2022 for the offence under Section 5(1), 5(i)(ii) and 6 of Protection

of Child from Sexual Offences Act, 2012 [hereinafter referred as 'POCSO

Act']. Due to the registration of the case, the petitioner's family was in a

trauma, taking advantage of the same the Child Welfare Committee as well

as the Child Protection Officer and others made the petitioner and her minor

2/10

https://www.mhc.tn.gov.in/judis

HCP No.2685 of 2022

daughter to sign in blank papers and retained the baby with them.

Thereafter, the petitioner's daughter/biological mother of the child was

unable to overcome the separation of the newborn baby. Hence, the

petitioner as well as her minor daughter approached the Child Welfare

Committee to hand over the baby to them, but the same was refused by the

Child Welfare committee and the Child Protection Officer. Thereafter, the

petitioner sent several representations to the District Collector, Child Welfare

Committee and the Child Protection Officer. Since no action was taken, the

present petition is filed.

3.We have heard the learned counsel appearing for the petitioner and

perused the materials.

4.The learned Additional Public Prosecutor appearing for the

respondents submits that on the complaint of the petitioner, a case in Crime

No.85 of 2022 for the offence under Section 5(1), 5(j)(ii) and 6 of POCSO

Act was registered on 15.09.2022 against one Thirumalpathi for indulging in

committing sexual assault on her minor daughter Jayasudha. He would

3/10

https://www.mhc.tn.gov.in/judis

HCP No.2685 of 2022

submit that the investigation is in progress and a counter affidavit is filed on

behalf of the respondents 5 and 6 along with the typed set of papers. He

further submitted that the petitioner approached the Child Welfare

Committee on 02.11.2022 and gave a written undertaking stating that the

male child was born to her daughter Jayasudha on 28.10.2022 and since she

is working as Domestic helper with less income, she is unable to take care of

her minor daughter as well as her grandson, hence considering the welfare of

the child they approached the Child Welfare Committee and handed over the

baby. Later the District Collector on the representation of the said