Agartala: The Tripura High Court has ordered that a minor girl presently housed in a child care institution in Tamil Nadu be handed over to her mother, ruling that her continued stay there lacked legal sanction and could not be justified in law.
A Division Bench comprising Justice T. Amarnath Goud and Justice S. Dutta Purkayastha passed the order while allowing a writ petition filed by the child’s mother under Article 226 of the Constitution.
The court directed Hope House, a child welfare institution in Vellore, to immediately transfer custody of the minor, Pratiti Chakraborty, to her mother, Prabha Rani Das, following due formalities.
To ensure compliance, the Bench instructed the Tripura government to assign a senior police officer to accompany the petitioner to Tamil Nadu and facilitate the child’s return by February 15, 2026.
Senior officials of the Tamil Nadu government, including those associated with the Child Welfare Committee, the district administration in Vellore, the Department of Social Defence, Christian Medical College (CMC), Vellore, and the management of Hope House, were directed to extend necessary assistance. The court clarified that the petitioner would bear the expenses involved.
The mother had approached the High Court alleging that her daughter had been wrongfully retained after being admitted to CMC Vellore for treatment.
According to the petition, the child had previously undergone treatment in Agartala, Guwahati, and Chennai before being referred to Vellore.
The court noted that although the hospital initially had responsibility for the minor’s care, the subsequent transfer of custody to the child care home was carried out without obtaining judicial approval, even though proceedings were pending before the High Court since 2022.
Observing that no institution could retain custody of a minor in the absence of a lawful order, the Bench held that such retention amounted to unlawful detention. It emphasised that the welfare of the child must remain the paramount consideration and cautioned that non-compliance with its directions could invite legal consequences.
The court also directed that once the child returns to Tripura, the State authorities should assess her physical and psychological condition and provide appropriate support if required. The petition was accordingly disposed of.