Gayathri v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.401 of 2022 Gayathri .. Petitioner Vs.
1. State represented by The Commissioner of Police, E.V.Sampath Road, Vepery, Chennai - 600 007.
2. The Inspector of Police, MKB Nagar Police Station, Chennai.
3. The Chairperson, Child Welfare Committee, Chennai District, No.58, Surya Narayanan Chetty Street, Royapuram, Chennai - 600 013.
4. The Superintendent, Government Children Home for Girls, No.300, Purasaiwalkam High Road, Kellys, Chennai - 10.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's daughter Nushya Dharshini, aged about 15 years 9 months, before this Court and hand over the custody of the detenue to the petitioner.
For Petitioner : Mr.V.Vargees Amal Raja For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the petitioner's daughter "X" (name not disclosed for the sake of anonymity), aged about 15 years 9 months, before this Court and hand over the custody of the detenue to the petitioner. 2.
It is the case of the petitioner that during COVID-19 lock down, she made arrangements to perform the marriage of her daughter "X", who is admittedly a minor and on coming to know of the same, the Child Welfare Committee (CWC), has taken custody of her daughter and has lodged her in the fourth respondent/home. On this ground, the present habeas corpus petition has been filed.
3.
Today V.N.Natchiyar (Mobile No.63795 98438), Women Grade-I, W-18, All Women Police Station, Chennai, is present. 4.
On instructions, the Additional Public Prosecutor submitted that "X" is the daughter of the petitioner and her date of birth is 11.06.2006. He further submitted that the petitioner made arrangements for the marriage of "X" and on coming to know of it, the CWC, North, lodged a written complaint, based on which, the second respondent/police registered a petition enquiry in C.S.R.No.57/2022 and during the course of enquiry, it came to light that the marriage of "X" to be solemnized on 06.02.2022 and therefore, on the orders of the CWC, "X" has been lodged in the 4th respondent/home. 5.
In our opinion, the custody of "X" in the fourth respondent/home cannot be said to be illegal, since the detention is pursuant to a lawful order that has been passed by the CWC under the the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity "the JJ Act"). 6.
However, the CWC is directed to furnish a copy of the order, under which, the detenue "X" has been lodged in the fourth respondent/home, to the petitioner forthwith. If the petitioner is aggrieved, she can approach the Special Court for the Protection of Children from Sexual Offences Act, 2012, cases, Chennai, under Section 101 of the JJ Act.
With the above observation, this habeas corpus petition stands closed.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar nsd To
1. The Commissioner of Police, E.V.Sampath Road, Vepery, Chennai - 600 007.
2. The Inspector of Police, MKB Nagar Police Station, Chennai.
3. The Chairperson, Child Welfare Committee, Chennai District, No.58, Surya Narayanan Chetty Street, Royapuram, Chennai - 600 013.
4. The Superintendent, Government Children Home for Girls, No.300, Purasaiwalkam High Road, Kellys, Chennai - 10.
5. The Public Prosecutor, High Court, Madras.
H.C.P.No.401 of 2022 SK[co] NSK 23/03/2022