Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41733

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, R.Poornima, JJ
M. Lakshmi – Appellant
Versus
Superintendent of Police – Respondent
H.C.P.(MD) No.653 of 2026

Advocates:
For the Appellants/Petitioners: I.Pinaygash
For the Respondents: T.Senthil Kumar

In a Habeas Corpus petition concerning a minor, the court prioritizes the minor's expressed desire to reside with their parent and ensure their continuation of education while exercising its extraordinary jurisdiction.

Headnote:The petitioner filed a Habeas Corpus petition under Article 226 of the Constitution of India seeking the production of her minor daughter, alleged to be in illegal custody. The court interacted with the minor detenue upon being produced by the police authorities. The court determined that as the minor expressed a clear desire to reside with her mother and continue her education, the custody transition was appropriate. The main issue was whether the writ of habeas corpus should be granted to restore the custody of a minor to her legal guardian. The ratio decidendi established that when a minor is produced before the court and signifies a preference to return to the care of their parent, the court prioritizes the welfare and educational interests of the minor in disposing of the petition. The Habeas Corpus petition is disposed of accordingly.

Table of Content
1. the court orders the restoration of custody of a minor to the parent based on the minor's preference and welfare. (Para 1 , 2 , 3)

[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]

The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 & 2 to secure her daughter, namely, M.Asvika, aged about 17 years, produce her before this Court and set her at liberty.

2. The respondent – Police have secured the detenue and produced her before this Court today. On interaction, the detenue expressed her willingness to go along with her mother / petitioner herein.

3. Considering the fact that the detenue is a minor and that her mother is willing to take her back and continue her education, the detenue is permitted to accompany her mother, the petitioner herein.

4. Accordingly, this habeas corpus petition disposed of.

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2026 Supreme(Online)(Mad) 41733

IN THE HIGH COURT OF JUDICATURE AT MADRASD.Bharatha Chakravarthy, R.Poornima, JJM. Lakshmi – AppellantVersusSuperintendent of Police – RespondentH.C.P.(MD) No.653 of 2026

In a Habeas Corpus petition concerning a minor, the court prioritizes the minor's expressed desire to reside with their parent and ensure their continuation of education while exercising its extraordinary jurisdiction.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, R.Poornima, JJ
M. Lakshmi – Appellant
Versus
Superintendent of Police – Respondent
H.C.P.(MD) No.653 of 2026