Adopted Son's Conduct Forces Mother To Flee To Care Home; Madras High Court Orders FIR, Imposes ₹1 Lakh Costs On False Habeas Plea

The Madras High Court recently directed the Dindigul Taluk Police Station to register an FIR against a man, for allegedly forging the signature of his adopted mother in an attempt to loot her properties. The bench of Justice GK Ilanthiraiyan and Justice R Poornima also dismissed a habeas corpus plea filed by the man against alleged illegal detention of the mother by a care home, after noting that the mother was willingly staying at the Home, after facing life threat at the hand of the adopted son. The bench also imposed a cost of Rs 1 Lakh on the man. “In view of the fact that the detenue is not under illegal detention of any one, this Habeus Corpus Petition is not maintainable and liable to be dismissed with exemplary costs. Hence the petition stands dismissed. The petitioner is directed to pay a sum of Rs.1,00,000/- as costs to the Legal Services Authority attached to this Bench within a period of one week from the date of receipt of a copy of this order,” the court said. The court was hearing a habeas corpus petition filed by Selvaganesh against alleged illegal detention of his mother by Manithaneyam Home in Kodangipatty, Theni and alleging that the care home was extracting money from her. When the mother was produced before the court, she informed the court that she was a spinster and had adopted Selvaganesh in 2021 without knowing his true character. She deposed that she had several properties and taking advantage of the fact that she did not have anyone else to look after her, Selvaganesh had forged her signature and looted her properties. The mother also informed the court that when the son started making life threats, she went to the home to escape from him and to save her life. She submitted that she was under safe custody and was not under illegal detention at the hands of anyone. The mother also informed the court that she had lodged a complaint before the concerned authorities to cancel the document dealt with by Selvaganesh by forging her signature. She also informed that she had also lodged a police complaint seeking appropriate action against him. The court noted that after the mother had gone to the care home to save herself from the son, he had lodged a police complaint as if she was missing from home. The court noted that after filing the false complaint, the son had approached the court by way of the habeas corpus plea. Since the mother was not under illegal detention, the court dismissed the plea. The court also directed the District Registrar to take appropriate action based on the mother's complaint. The court further direction the jurisdictional police to register an FIR against Selvaganesh and ordered the police to prove adequate police protection to the mother. Counsel for Petitioner: Mr. M. Mohammed Ibram Saibu for M/s. Ajmal Associates Counsel for Respondents: Mr. R. M. Anbunithi Additional Public Prosecutor, Mr. Arunramnath Case Title: S. Selvaganesh v The Superintendent of Police and Others Citation: 2026 LiveLaw (Mad) 130 Case No: H.C.P.(MD)No.187 of 2026Click Here To Read/Download The Judgment

Adopted Son's Conduct Forces Mother To Flee To Care Home; Madras High Court Orders FIR, Imposes ₹1 Lakh Costs On False Habeas Plea

Upasana Sajeev

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