Pattaraiselvi v. The Child Welfare Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pattaraiselvi ... Petitioner Vs.

1.The Child Welfare Officer, Office of the Child Welfare, Thoothukudi.

2.The Administrative Officer, Punitha Soosai Aranilayam Child Home, Adaikalapuram, Tiruchendur Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to directing the second respondent to permit the petitioner to see her child by name Shivani D/o Ponraj on every week Saturday and Sunday without any hindrance by considering the petitioner's representation dated 17.02.2025.

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For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.B.Ramanathan Additional Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the first respondent.

2.The writ petitioner got married to one Ponraj. Through the wedlock, 3 children were born. The matrimonial relationship between the couple broke down. The petitioner took the children away with her. The petitioner did not send the children to school. This attracted the notice of the department. Thereupon, the first respondent prevailed upon the petitioner to part with one of the children who was thereafter admitted in the second respondent centre. The child is in the custody of the second respondent for the last 3 years. The child is now studying in the 10th standard. The petitioner has filed this writ petition on the premise that the second respondent is not permitting her to see the child regularly.

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3.Ms.Subhashini, the Legal cum Probation Officer, District Child Protection Office, Tuticorin is present in person. She passed on a copy of the letter dated 23.10.2025 written by the child. The child has made it clear that she is in touch with her father but she does not want to see her mother (the petitioner herein) for the present. 4.I am satisfied that the petitioner is not being prevented by either of the respondents from meeting her child. I requested Ms.Subhashini to take further interest in the matter and to counsel the child so that the bonding between the mother and the daughter can be restored. Ms.Subhashini has assured this Court that she would try her best to do so.

5.The petitioner must remember that her child is in crucial stage of her education and that nothing should be done to increase her stress level or anxiety. It is for the petitioner to behave in a mature manner. The respondents have made it clear that they are not standing in her way. When the child is not comfortable in interacting with the writ petitioner, there is very little that this Court can do in the matter. 3/5

6.Recording the stand of the respondents, this Writ Petition is disposed of. No costs.

24.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Child Welfare Officer, Office of the Child Welfare, Thoothukudi.

2.The Administrative Officer, Punitha Soosai Aranilayam Child Home, Adaikalapuram, Tiruchendur Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA 24.10.2025 5/5