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H.C.P. No.2041 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.12.2025

Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

and

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

H.C.P. No.2041 of 2025

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E.Durga Devi .. Petitioner

Vs.

1. The District Collector

A Block, 2nd Floor

Collectorate Office

Vellore – 632 009

2. The Chairperson

Child Welfare Committee

Vellore District

3. The Inspector of Police

Bagayam Police Station

Vellore District – 632 002 .. Respondents

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to

direct the second respondent to produce the petitioner’s daughter, unnamed infant,

D/o.Vishnu, aged 4 months, before this Court and to handover the custody of the child to

the petitioner Durga Devi, D/o.Elumalai.

For Petitioner : Mr.R.Sankarasubbu

For Respondents : Mr.A.Damodaran

Additional Public Prosecutor

assisted by Mr.M.Karthikeyan

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H.C.P. No.2041 of 2025

ORDER

(The Order of the Court was made by P.Velmurugan, J)

This Habeas Corpus Petition has been filed to direct the second respondent/the

Chairperson, Child Welfare Committee, Vellore District to produce the petitioner’s

daughter, unnamed infant, D/o.Vishnu, aged 4 months, before this Court and to handover

the custody of the child to the petitioner herein.

2. The petitioner is the biological mother of the detenue child who is 4 months

old. When the matter came up before this Court on 27.10.2025, considering the facts and

circumstances of the case, this Court had passed an order to handover the custody of the

child to the petitioner for the purpose of nursing the child, subject to condition that the

petitioner has to give an undertaking before the Child Welfare Committee that she will

nurse the child herself and she will not give the child to adoption.

3. Today (19.12.2025), when the matter was taken up for hearing, the petitioner

appeared before this Court along with the child and she stated that she will take care of

the child. The same is recorded.

4. Though, the petitioner was a minor at the time of giving birth to the child,

subsequently, she attained majority. Now the child has been handed over to the petitioner

who is the mother of the child.

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H.C.P. No.2041 of 2025

5. Accordingly, this Habeas Corpus Petition is disposed of with a direction to the

petitioner that the petitioner shall appear before the Child Welfare Committee/2^nd

respondent, once in two months and the Child Welfare Committee is directed to ensure

that the petitioner is nursing the child properly and complying with the undertaking

given before them and if any deviation by the petitioner, the same shall be reported to

this Court.

(P.V., J) (M.J.R., J)

19.12.2025

ksa-2

Neutral Citation: Yes/No

To

1. The District Collector

A Block, 2nd Floor

Collectorate Office

Vellore – 632 009

2. The Chairperson

Child Welfare Committee

Vellore District

3. The Inspector of Police

Bagayam Police Station

Vellore District – 632 002

4. The Public Prosecutor,

High Court, Madras.

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H.C.P. No.2041 of 2025

P.VELMURUGAN, J

and

M.JOTHIRAMAN, J

ksa-2

H.C.P. No.2041 of 2025

19.12.2025

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