J.Buslies Kanmani vs The State of Tamilnadu

Court
Madras High Court

HCP(MD) No. 1358 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
HCP(MD) No. 1358 of 2026
CNR:{HCMD011531212026}
J.Buslies Kanmani
D/o.Justin Prinso,
Plot No.3,4, Venkateswara Nagar 1st Street,
Kolapakkam,
Kundrathur,
Kovur Post,
Kancheepuram District.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Superintendent of Police,
O/o.The Superintendent of Police,
Tirunelveli District.
2. The Inspector of Police
All Women Police Station,
Cheranmahadevi,
Tirunelveli District.
3. The Chairperson
Govt Observation Home, Saranalayam,
Babuji nagar,
Balabagya Nagar South,
Tirunelveli.
4. S.Pushpa
C/o.Samuel,
93, ABC Nagar, Nagercoil
Bypass Road, IRT Polytechnic Opposite,
Palaymkottai, Tirunelveli-627005.
__________
Page  1  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
(R4 is suo moto impleaded vide Court order dated
27.10.2026 in HCP(MD).No.1358 of 2026)
..Respondent(s)
PRAYER: Habeas Corpus Petition has been filed under Article 226 of
the Constitution of India, to issue a Writ or Order or Direction more
particularly in the nature of Writ of Habeas Corpus directing the
respondents 1 to 3 herein to produce the body or person of a detenue
namely R.Renisha Jacklin, D/o. Buslies Kanmani aged about 11 years
herein before this Hon'ble court and set her at liberty and pass such other
orders as this Hon'ble court may deem fit and proper circumstances and
thus render justice.
For Petitioner(s) :M/s Sureshkumar R
M/s Mahendrapandi P
M/s Chellapandian M
For Respondent(s) :Mr.C.Chrsitopher,
Additional Public Prosecutor
for R1 to R3
Mr.U.Parivendan,
for R4
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)
The petitioner, being the mother of the detenu/minor daughter,
aged about 11 years, has filed the present Habeas Corpus Petition
alleging that her minor daughter was ill-treated, assaulted and sexually
harassed by her maternal grandmother's friend, one Dictolibar, and her
neighbours, namely Vijayan and Sujitha. Hence, the petitioner lodged a
complaint before the Inspector of Police, All Women Police Station,
__________
Page  2  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
Cheranmahadevi, Tirunelveli, on 05.10.2026. Though a Community
Service Register number was assigned in CSR.No.249 of 2026, the minor
child was not secured and handed over to the petitioner. Hence, the
petitioner has approached this Court seeking appropriate relief.
2.The learned counsel appearing for the petitioner would submit
that the petitioner married one Reegan Tenis Balan, of Ilangulam,
Nanguneri, on 22.01.2015. Out of the wedlock, a female child was born,
who is presently aged about 11 years. The petitioner filed a divorce
petition in D.V.O.P. No.76 of 2018 before the III Additional District
Court, Tirunelveli, and a decree of divorce was granted on the ground of
cruelty on 25.06.2018.
3. It is further submitted that the petitioner is employed in Chennai
and had entrusted the care of her minor daughter to her mother, Pushpa,
who resides at Tirunelveli. The said Pushpa was subsequently impleaded
suo motu as the fourth respondent in the present proceedings. The
petitioner would submit that she had been providing all necessary
facilities to her daughter and visiting her regularly.
4. The learned counsel would further submit that the fourth
respondent had developed an improper relationship with one Dictolibar,
who frequently visited her house. When the petitioner's daughter objected
to the same, the said person allegedly assaulted the minor child. The
__________
Page  3  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
tenants, namely Vijayan and Sujitha, also allegedly abused the child. The
petitioner came to know of these incidents when she spoke to her sister,
Daphne Manovidhya. Thereafter, she lodged a complaint on 05.10.2026.
5. It is further submitted that the respondent police conducted an
enquiry and recorded the relevant proceedings through audio and video.
Subsequently, the petitioner was informed that her daughter had been
produced before the Child Welfare Committee, the third respondent
herein, and was placed in the custody of a child care institution, namely
DSS Saranalaym. Hence, the petitioner seeks the custody of her minor
daughter.
6. The learned Additional Public Prosecutor, appearing for the
respondent police, would submit that, pursuant to the complaint lodged
by the petitioner, a CSR was assigned and an enquiry was conducted.
During the enquiry, it was found that the allegations contained in the
complaint were, to some extent, exaggerated. The minor child was
thereafter handed over to the Child Welfare Committee, which conducted
an enquiry and placed the child in the custody of a child care institution,
namely DSS Saranalaym.
7. The learned Additional Public Prosecutor would further submit
that the Social Welfare Officer conducted an enquiry and prepared a
Social Investigation Report, which has been produced before this Court.
__________
Page  4  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
On a perusal of the said report, it is seen that the petitioner had entrusted
the care of her minor daughter to the fourth respondent when the child
was about two years old. Since then, the child has been brought up by the
fourth respondent, who has been taking care of the child's education and
other needs.
8. It is further evident from the Social Investigation Report that the
petitioner subsequently contracted a second marriage with her school-
time acquaintance, Shiva, and they have a child through the said
marriage. The detenu/minor child is presently studying in the VI Standard
at Sara Tucker Girls' Higher Secondary School, Tirunelveli, and has been
brought up by the fourth respondent from infancy.
9. The Social Investigation Report further indicates that the present
dispute appears to have arisen in connection with certain houses recently
purchased by the fourth respondent. There is an apprehension on the part
of the petitioner and her sister, Daphne Manovidhya, that the said
properties may be settled in favour of third person and not to them. The
report also indicates that the allegations concerning the character of the
fourth respondent and the alleged sexual harassment by the person
visiting her house appear to have arisen in the context of the dispute
between the parties. However, the allegations are matters to be
considered on the basis of the available materials and cannot be treated as
__________
Page  5  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
established merely on the basis of the report.
10. The learned counsel appearing for the fourth respondent would
submit that the fourth respondent is employed as a teacher at an R.C.
Primary School at Ilangulam, near Parappadi, and has been taking care of
the minor child from an early age by providing her with love, affection,
education and other necessities.
11. With regard to the allegations concerning the person who
frequently visited the fourth respondent's house, the learned counsel
would submit that the said person is a religious priest who visits the
house for prayer purposes. The fourth respondent has undertaken before
this Court that she would not permit the said person to visit her house in
the future and that, if prayer is required, the same would be conducted
only at the church. She has further undertaken that no unauthorised
person would be permitted to enter the house in a manner that may cause
annoyance or disturbance to the minor child.
12. The fourth respondent has also undertaken to continue to take
care of the minor child and provide her with love, affection, education
and all other necessities. She has no objection to the petitioner or her
sister visiting the house and spending time with the minor child.
13. This Court interacted with the petitioner, the fourth respondent
and the minor child. This Court has also perused the Social Investigation
__________
Page  6  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
Report placed before it. On a consideration of the report and the
interaction with the parties, this Court finds that the minor child has been
residing with the fourth respondent from an early age and that the fourth
respondent has been taking care of the child's upbringing and education.
14. The paramount consideration in determining matters
concerning a minor child is the welfare and best interests of the child. In
the present case, the materials placed before this Court indicate that the
minor child has been brought up by the fourth respondent from the age of
about two years and has been continuing her education while in the care
of the fourth respondent. Having regard to the circumstances of the case,
the Social Investigation Report and the interaction with the parties, this
Court finds no sufficient material to conclude that the minor child is
presently under illegal detention warranting the issuance of a writ of
Habeas Corpus.
15. In view of the above, and taking into consideration the welfare
and best interests of the minor child, this Court is of the view that the
child may continue to remain in the care and custody of the fourth
respondent, subject to the undertaking given by her before this Court. The
fourth respondent shall ensure the safety, welfare, education and overall
well-being of the minor child and shall permit the petitioner and her sister
can visit the child and spend time with her. Accordingly, this Habeas
__________
Page  7  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
Corpus Petition is disposed of.
(M.N.K.,J.) (N.G.N.,J.)
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PAL
To
1. The Superintendent of Police
O/o.The Superintendent of Police
Tirunelveli District
2. The Inspector of Police
All Women Police Station
Cheranmahadevi
Tirunelveli District
3. The Chairperson
Govt Observation Home, Saranalayam
Babuji nagar
Balabagya Nagar South
Tirunelveli
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
__________
Page  8  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )

HCP(MD) No. 1358 of 2026
M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
PAL
HCP(MD) No. 1358 of 2026
27-10-2026
__________
Page  9  of  9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 02:24:51 pm )