Vijayalakshmi v. The State of Tamilnadu
Case brief
What is this about?
Mother filed Habeas Corpus seeking production of minor daughter detained in a child protection home after filing POCSO complaint against her husband. Court closed petition noting daughter is currently at home and advised continued residence in the home for exams. Granted mother intermittent visit rights with 10-day gaps.
What did the court decide?
Interrmittent visit rights granted to petitioner with a gap of not less than 10 days.
What the court decided
H.C.P(MD)No.1259 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD) No.1259 of 2024
Vijayalakshmi
...Petitioner /Mother of the detenu
Vs.
1.The Superintendent of Police, Virudhunagar District.
2.The District Child Protection Officer (DCPO), District Child Protection Unit, Virudhunagar District. Virudhunagar.
3.The Inspector of Police, All Women Police Station, Virudhunagar.
Issues for consideration
2 issues framed by the court
Whether a minor child admitted to a child protection home pending the disposal of an offence by her own father should be forcibly produced by the mother or continue to stay in the home for the duratio
Whether a mother lodging a custodial habeas corpus petition against a child protection home must be warned against the duty to ensure prosecution of the case which gave rise to her daughter's detentio
Parties & counsel
- petitioner
Vijayalakshmi
- respondent
Superintendent of Police, Virudhunagar District
- respondent
District Child Protection Officer, Virudhunagar District
- respondent
Inspector of Police, All Women Police Station, Virudhunagar
Coram
Case details
As recorded by the court registry
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