Pushbam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Pushbam ... Petitioner -vs1.The District Collector Dindigul
2. The Superintendent of Police Dindigul
3. The Chairman The Child Welfare Committee Annai Sathiya Ammaiyar Memorial Government Children HOme, Near RTO Ground Collectorate Dindigul 4.The District Social Welfare Officer Dindigul
5. The Inspector of Police Natham Police Station,
6. S.Chinnakkammal
7. S.Karthick Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the third respondent to produce the body or person of the detenue by name D.Duraiselvi, D/o.Duraipandi(female minor aged 17 years) detenue in the present case before this Court and consequently hand over her custody to the petitioner.
For Petitioner :
Mr.P.Saravanan For Respondents :
Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Habeus Corpus Petition has been filed to direct the third respondent to produce the body or person of the detenue by name D.Duraiselvi, D/o.Duraipandi(female minor aged 17 years) in the present case before this Court and consequently hand over her custody to the petitioner.
2. The petitioner is the paternal aunt of the detenu. The detenu is aged about 17 years old. The detenue was born to Duraipandi and Jothimani. The parents of the detenue is now no more and the detenue is under the custody of the petitioner herein. While being so, the respondents 6 and 7 compelled the detenue to marry the seventh respondent. Since the detenue is aged only 17 years she refused to get marry the seventh respondent herein, thereafter she was missing from the house and as such a complaint was lodged before the fifth respondent and the same was registered in Crime No.565 of 2025 under 'Girl Missing'. During investigation the fifth respondent secured the victim girl and she was produced before the District Munsif cum Judicial Magistrate, Natham on 05.01.2026 .
The statement of the victim was recorded and it was communicated to the sixth respondent and thereafter she was sent to the third respondent/Home. The third respondent produced the victim before this Court. She deposed before this Court that she is minor and now studying XII standard. After demise of her parents she was taken care by the petitioner herein.
being so the respondents 6 and 7 compelled her to marry the seventh respondent . Infact even earlier to this occurrence the victim was missing from 15.08.2025 and thereafter the brother of the detenue lodged a compliant before the fifth respondent and the same was registered in Crime No.383 of 2025 under 'girl missing'.. During investigation it was found that the victim girl was taken by one Vinoth Kumar and thereafter she was secured and produced before this Court in HCP(MD) No.1019 of 2025 on 10.09.2025. The detenue appeared before the Court and expressed her willingness to go along with the petitioner herein who is none other than the paternal aunt of the detenue. She also alleged that the sixth respondent is compelling to marry the seventh respondent and as such she went to he relative's house . Now she is ready and willing to go with the petitioner herein who is none other than the paternal aunt of the detenue.
3. The learned Additional Public Prosecutor submitted that the petitioner also compelled the victim to marry her son one Subramanian.
4. The petitioner assured that she will not indulge in arranging marriage to the detenue against her wish.
5. In view of the above the detenue is handed over to the petitioner herein. The petitioner shall not compel the victim to marry her son. If the victim is compelled or coerced to marry any one against her wish, the fifth respondent is directed to proceed in accordance with law.
6. With the above direction, the Habeus Corpus Petition stands disposed of.
[G.K.I., J.] [R.P., J.] 30.01.2026 aav To 1.The District Collector Dindigul
2. The Superintendent of Police Dindigul
3. The Chairman The Child Welfare Committee Annai Sathiya Ammaiyar Memorial Government Children HOme, Near RTO Ground Collectorate Dindigul 4.The District Social Welfare Officer Dindigul
5. The Inspector of Police Natham Police Station, 6.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 30.01.2026