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2026 Supreme(Online)(Mad) 41617

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, K. Rajasekar, JJ
S.Revathi – Appellant
Versus
The Superintendent of Police, Madurai District, Madurai – Respondent
H.C.P(MD)No.618 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Santhana Karuppu
For the Respondents: Mr.R.M.Anbunithi

Court can order release of minor from custody of police or institution by handing custody to natural guardian.

Headnote:The petition was filed under Article 226 of the Constitution of India seeking issuance of a writ of Habeas Corpus to produce the petitioner's daughter aged 17 years before the Court. The petitioner lodged a complaint with the police after the girl went missing. Upon production before the Court, the minor expressed willingness to go with her mother. The Court examined the petition, heard arguments, and disposed of the petition by handing over custody to the petitioner. The Court framed the issue whether the custody of the minor should be restored to the mother. The ultimate reasoning of the Court focused on the welfare of the minor. The Court disposed of the petition by granting custody to the mother.

Table of Content
1. habeas corpus petition filed to produce minor girl. (Para 1 , 3)
2. minor produced before court and expresses choice. (Para 2 , 4 , 5)
3. custody handed to mother based on welfare. (Para 6)

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

This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 and 2 to secure and produce the petitioner's daughter, namely, Durga Devi, before this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3.The petitioner is the mother of the detenue, who is aged about 17 years. The detenue went missing from her house on 25.04.2026. Therefore, the petitioner lodged a complaint before the second respondent. On receipt of the said complaint, the second respondent registered a case in Crime No.139 of 2026 under girl missing.

4.Pending investigation, the second respondent secured the victim girl and produced her before this Court.

5.The minor victim girl appeared before this Court and stated that she is willing to go along with the petitioner, who is her mother.

6.In view of the above and considering the fact that the detenue/victim girl is a minor and is presently lodged in a Home, the custody of the detenue is handed over to the petitioner/mother.

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