A.Jothi v. The State of Tamilnadu
Habeas Corpus – Madurai Bench of Madras High Court – H.C.P.(MD)No.747 of 2026
Case brief
What is this about?
Habeas corpus petition (Madurai Bench) regarding a 17-year-old girl living with the 3rd respondent after leaving home to avoid a compelled marriage; petitioner-mother refused to receive her, preferring institutional stay and continuation of the criminal case. Court directed investigation transfer to the All Women Police Station, Peraiyur, alteration of the offence, medical examination, recording of the victim's statement under Section 183(5) of BNSS, and interim care at the Child Welfare Home, Muthupatti, Sivagangai District. Key terms: habeas corpus; minor detenue; Article 226; Section 183(5) BNSS; All Women Police Station Peraiyur; offence alteration.
What did the court decide?
Directions issued: (i) transfer of the case to the Inspector of Police, All Women Police Station, Peraiyur; (ii) alteration of the offence with medical examination of the victim girl and recording of her statement under Section 183(5) of BNSS; (iii) interim care of the detenue by the Child Welfare Home, Muthupatti, Sivagangai District. The custody-to-petitioner prayed for was not ordered; the detenu remained in institutional care.