Case Note & Summary
The petitioner, Perumal, father of a minor girl aged 17 years and 6 months, filed a Habeas Corpus Petition under Article 226 of the Constitution of India alleging that his daughter was in illegal detention of the second respondent, Sathish Alias Mari. The court initially heard the matter on 04.03.2026, when the Additional Public Prosecutor submitted that the girl had been secured and, since she refused to go with her parents, was handed over to Vallalar Home at Dharmapuri. It was also reported that the girl was pregnant. The court directed production of the detenu and the petitioner. On 06.03.2026, the detenu was produced and stated that she was in a consensual love affair with R2, had married him with his family's support, and was voluntarily staying at the Home as she did not want to go with her father or mother. She expressed desire to continue staying at the Home and stated that R2, employed in Orissa, and his family would support her and the child. The court noted that under Section 97 CrPC, for a minor, legal custody vests in the parent/guardian, but the agency of the detenu is relevant. Since the detenu refused to go with her father, the court directed the District Collector, Dharmapuri, to nominate a professional counsellor to counsel the detenu. After counselling, if the detenu still refuses to go with her father, the father may approach the jurisdictional court for custody. The court also impleaded respondents 3 to 6 (Mission Director, National Health Mission; Director, Children Welfare; Director, Medical and Rural Health Services; Director, Public Health) to ensure proper care for the pregnant minor. The petition was disposed of with directions.
Headnote
A) Habeas Corpus - Minor Detenu - Illegal Detention - Section 97 CrPC, Article 226 Constitution of India - The father of a minor girl aged 17 years and 6 months filed a habeas corpus petition alleging illegal detention by the second respondent. The court held that for a minor, legal custody vests in the parent/guardian, but the agency of the detenu is relevant to determine if detention is voluntary. Since the detenu refused to go with her father and expressed willingness to stay at the shelter home, the court directed counselling and ordered that after counselling, if she still refuses, the father may take appropriate proceedings before the jurisdictional court. (Paras 7-10)
Issue of Consideration
Whether the detention of a minor girl (aged 17 years and 6 months) with her alleged husband (R2) and her stay at a shelter home constitutes illegal detention, and whether the court should order her custody to be handed over to her father.
Final Decision
The court disposed of the petition with directions: (1) The District Collector, Dharmapuri, to nominate a professional counsellor to counsel the detenu forthwith. (2) After counselling, if the detenu still refuses to go with her father, the father may approach the jurisdictional court for custody. (3) Respondents 3 to 6 are impleaded to ensure proper care for the pregnant minor. (4) The Home is directed to provide all necessary medical and psychological support to the detenu.
Law Points
- Habeas Corpus
- Minor
- Illegal Detention
- Custody
- Consent
- Section 97 CrPC
- Article 226 Constitution of India
