Case Note & Summary
The case concerns a habeas corpus petition filed by K. Muthu Selvi, the mother of a 14-year-old girl named Manishiya, seeking the production and custody of her daughter from the respondents, the State of Tamil Nadu represented by the Superintendent of Police and Inspector of Police. The petition was brought under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court. The minor girl had gone missing and was found to have left with a 16-year-old boy, with whom she had developed a friendship through Instagram. The police rescued the girl from the boy's native village and produced her before the court. Upon interaction with the minor, she expressed that she had left due to some disturbance and was now willing to return to her mother. The girl was then placed in Tirunelveli Saranalalayam Child Welfare Home. The court, after hearing both sides and considering the circumstances, permitted the petitioner to take custody of her daughter, but subject to conditions: completion of a medical examination and recording of her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petition was closed with these directions, emphasizing the need to safeguard the minor's welfare while restoring her to her natural guardian. The order was pronounced on March 4, 2025, with the authenticated copy to be issued on March 10, 2025.
Headnote
A) Habeas Corpus - Custody of Minor - Production before Court and Directions for Custody - Constitution of India, 1950, Article 226; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 183 - In a habeas corpus petition filed by the mother seeking custody of her 14-year-old daughter, the court after producing the minor and interacting with her, found that she was willing to go with her mother. The court permitted the mother to take custody after medical examination and recording of statement under Section 183 BNSS. Held that in matters concerning minor's custody, the court must ensure the minor's welfare and compliance with procedural safeguards. (Paras 3-7)
Issue of Consideration
Whether the mother is entitled to custody of her minor daughter and whether the court should direct production and appropriate measures for the minor's welfare
Final Decision
The Habeas Corpus Petition is closed with directions: the petitioner is permitted to take custody of the minor daughter after completion of medical examination and recording of her statement under Section 183 of BNSS.
Law Points
- In a habeas corpus petition for custody of a minor
- the court may permit custody to the parent after ensuring the minor's willingness and subject to medical examination and recording of statement under Section 183 BNSS
