Madras High Court orders 15-year-old allegedly abducted twice and confined to be placed in a child-care home after her parents fail to appear to take custody

The petitioner, mother of a 15-year-old girl, sought a habeas corpus direction for her daughter’s production and return to her custody.

The daughter had previously been abducted by Manikandan, resulting in Crime No. 141 of 2026; after his release on bail, she went missing again, and Crime No. 286 of 2026 was registered.

Police later traced and produced her before the Court, reporting that she had been confined in Tiruppur and that Manikandan had been arrested.

The girl told the Court that she wished to rejoin her parents.

Although the police said her parents were not interested in taking care of her, petitioner’s counsel submitted that the petitioner was willing to care for her; the petitioner herself did not appear before the Court.

1. Whether the Court should direct the girl’s release into her mother’s custody after she was traced and produced before it.

2. Whether, given the circumstances and the parents’ reported position, an alternative placement was appropriate to safeguard the girl’s welfare.

The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution to secure the production of a person alleged to be unlawfully detained.

The Court heard the minor’s wishes and considered her custody and welfare in deciding the appropriate disposition following her production.

The judgment refers to Sections 137(2), 87, 126(2), 127(3) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 5(l) and 6(1) of the POCSO Act, and Section 9 of the Child Marriage Act as offences added to the investigation; it does not analyse or apply those provisions to decide the custody issue.