The welfare of the minor must prevail over parental claims in cases involving allegations of sexual harassment and neglect.

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

The petitioner, who is the mother, has filed the present habeas corpus petition to secure her daughter, viz., Ponselvi, aged 16 years and produce her before this court.

2. The petitioner is the mother of the detenue. It is alleged in the affidavit that after the demise of the petitioner's husband, the petitioner had married one Vanniraj. One Paulraj, who is the brother of the 2^nd husband of the petitioner, compelled the detenue, who is aged 16 years, to marry him. Hence, the petitioner has preferred a complaint before the 2^nd respondent police and a case has also been registered in Crime No.159/2026 on 09.02.2026 for offences under Sections 296(b), 115(2), 74 and 351 of BNS and Section 4 of Tamilnadu Prohibition of Harassment of Women Act. It is also alleged that since the said Paulraj threatened them, there is a danger to their life.

3. When the matter came up for hearing today, the detenue was secured and produced before this Court. She has stated that since the 2^nd husband of the petitioner has misbehaved with her, she informed the same to the police. However, the police did not take any action against them. She had also stated that she is in love with the said Paulraj, who is the brother of her step father, which is a prohibited relationship. It is also brought to the notice of this Court that Vanniraj/step father also sexually harassed the detenue. It is also alleged that Paulraj had also misbehaved with the detenue.

4. From the statement made by the detenue, it is seen that the detenue had informed the above happenings to the petitioner/mother. However, the mother adviced the detenue to adjust. Under these circumstances, if the detenue is sent along with her mother, it is against the interest and welfare of the detenue. Therefore, the respondent police are directed to keep the detenue in Muthukuviyal Home for Children, 176, Muthumalai Building, Maninagar 2^nd street, Tuticorin 628003.

5. The respondent police shall also take steps to register a case against the said Paulraj and Vanniraj under the provisions of POCSO Act. The respondent police is also directed to produce the detenue before the medical board for medical examination and a report shall be obtained and thereafter the detenue shall be sent to home.

6. With the above direction, the Habeas Corpus Petition is disposed of.