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H.C.P.(MD)No.85 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

and

THE HONOURABLE MS.JUSTICE R.POORNIMA

H.C.P.(MD)No.85 of 2026

Pushbam ... Petitioner

-vs-

1.The District Collector

Dindigul District

Dindigul

2. The Superintendent of Police

Dindigul District

Dindigul

3. The Chairman

The Child Welfare Committee

Annai Sathiya Ammaiyar Memorial

Government Children HOme,

Near RTO Ground

Collectorate

Dindigul

4.The District Social Welfare Officer

Dindigul District

Dindigul

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H.C.P.(MD)No.85 of 2026

5. The Inspector of Police

Natham Police Station,

Dindigul District

6. S.Chinnakkammal

7. S.Karthick Kumar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Habeas Corpus, directing the third

respondent to produce the body or person of the detenue by name

D.Duraiselvi, D/o.Duraipandi(female minor aged 17 years) detenue in

the present case before this Court and consequently hand over her

custody to the petitioner.

For Petitioner : Mr.P.Saravanan

For Respondents : Mr.R.M.Anbunithi

Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.

This Habeus Corpus Petition has been filed to direct the third

respondent to produce the body or person of the detenue by name

D.Duraiselvi, D/o.Duraipandi(female minor aged 17 years) in the

present case before this Court and consequently hand over her custody

to the petitioner.

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H.C.P.(MD)No.85 of 2026

2. The petitioner is the paternal aunt of the detenu. The detenu is

aged about 17 years old. The detenue was born to Duraipandi and

Jothimani. The parents of the detenue is now no more and the detenue is

under the custody of the petitioner herein. While being so, the

respondents 6 and 7 compelled the detenue to marry the seventh

respondent. Since the detenue is aged only 17 years she refused to get

marry the seventh respondent herein, thereafter she was missing from

the house and as such a complaint was lodged before the fifth

respondent and the same was registered in Crime No.565 of 2025 under

'Girl Missing'. During investigation the fifth respondent secured the

victim girl and she was produced before the District Munsif cum

Judicial Magistrate, Natham on 05.01.2026 . The statement of the victim

was recorded and it was communicated to the sixth respondent and

thereafter she was sent to the third respondent/Home. The third

respondent produced the victim before this Court. She deposed before

this Court that she is minor and now studying XII standard. After

demise of her parents she was taken care by the petitioner herein. While

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H.C.P.(MD)No.85 of 2026

being so the respondents 6 and 7 compelled her to marry the seventh

respondent . Infact even earlier to this occurrence the victim was missing

from 15.08.2025 and thereafter the brother of the detenue lodged a

compliant before the fifth respondent and the same was registered in

Crime No.383 of 2025 under 'girl missing'.. During investigation it was

found that the victim girl was taken by one Vinoth Kumar and

thereafter she was secured and produced before this Court in HCP(MD)

No.1019 of 2025 on 10.09.2025. The detenue appeared before the Court

and expressed her willingness to go along with the petitioner herein

who is none other than the paternal aunt of the detenue. She also

alleged that the sixth respondent is compelling to marry the seventh

respondent and as such she went to he relative's house . Now she is

ready and willing to go with the petitioner herein who is none other

than the paternal aunt of the detenue.

3. The learned Additional Public Prosecutor submitted that the

petitioner also compelled the victim to marry her son one Subramanian.

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