Premkumar.L, Aged 56 Years, v. Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2371 of 2016 L. Premkumar
...Petitioner
Vs.
1.Inspector of Police All Women Police Station Eraiyur Palayam,Ulundurpet Villupuram District.
2.The Superintendent Abhayam Nilayam (Kalaiselvi Karunalaya) 100, Vaigai Square Thanthai Periyar Nagar Villupuram District.
3.Suvakian ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the first respondent to secure the detenue Arockia Mary @ Arokiammal, aged about 21 years, before this Court and to set her at liberty.
For Petitioner : M/s.Sudha Ramalingam For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor
ORDER
[Order of the Court was made by S. BASKARAN, J] The petitioner has come forward with this Habeas Corpus Petition seeking production of the detenuu, namely, Arockia Mary @ Arokiammal, before this Court and to set her at liberty.
2. On 10.11.2016, when the matter was taken up for hearing, the detenue was produced before this Court, by the second respondent. The mother of the detenue, as well as the Chairperson of the Child Welfare Committee were also present.
3. On enquiry, the detenue had expressed her desire to go along with the petitioner, who is her employer. She had further stated that she is unwilling to go along with her mother, as the mother was forcing her to marry a person, namely, Laser. She does not like to marry the said Laser.
4. The Chairman of the Child Welfare Committee, Villupuram, was also enquired. During enquiry, he has stated that the detenue had been looked after by the petitioner. On 23.8.2016, the mother of the detenue had taken the detenue from the petitioner to her residence in Ulundurpet. On reaching Ulundurpet, the mother of the detenue had insisted the detenue to marry the said Laser. Since the detenue was unwilling to marry the said Laser, she had contacted the petitioner, who in turn had lodged a complaint with the All Women Police Station and the police rescued the detenue from her parents and sent to the Short Stay Home, Abayam, Villupuram, on 8.9.2016.
5. The learned counsel appearing for the petitioner has stated that the detenue was staying in the residence of the petitioner. She was undergoing training in catering with Hot Breads, Alwarpet, Chennai. The learned counsel has submitted that the petitioner is ready to send the detenue to the said training and bear the expenses. The learned counsel has also submitted that the petitioner had been paying a sum of Rs.3000/- every month, to the detenue and the said amount had been deposited in her name, in the Axis Bank, Anna Nagar West Branch, Chennai, (S.B.A/c.No.916010018002314) and the total amount comes to Rs.1,55,000/-.
6. Further, the learned counsel for the petitioner has stated that the petitioner is also ready to meet the expenses in respect of her education and for the development of her skills in all aspects.
7. When the mother of the detenue was enquired, she had requested this Court to send the detenue along with her, but the detenue expressed her unwillingness.
8. After considering the submissions made by the learned counsel appearing on behalf of the petitiner, the Chairman of the Child Welfare Committee, the desire of the detenue and the request of the mother of the detenue, we have directed the learned counsel for the petitioner to file an affidavit of undertaking based on her submissions before this Court and the Chairman of the Child Welfare Committee was also directed to file a report and the matter was adjourned to 15.11.2016.
9. Today, when the matter was taken up for hearing, the detenue, the mother of the detenue, the Chairman of the Child Welfare Committee and the petitioner were present before this Court.
10. The learned counsel for the petitioner had filed an affidavit of the petitioner and the Chairman of the Child Welfare Committee had also filed his report.
11. We have perused the affidavit of the petitioner as well as the report of the Child Welfare Committee.
12. Paragraph Nos.2, 3, 4 and 5 of the affidavit filed by the petitioner reads as follows:- "2. I state that I filed the above HCP to produce the detenue Arokia Mary. She was produced before the Hon'ble Court on 11th November, 2016 by the respondents. During the hearing, it was established that the detenue is an adult having attained majority and she expressed her willingness to come with me and live in our house. As she is young and has categorically refused to go with her mother who was also present before this Hon'ble Court, the detenue was asked about securing her future. She has formally studied only upto Std. IV. During the hearing, I expressed my willingness to provide for her future and even bear the expenses for her future education.
3. I understand that Father Bosco, Chairmam of the Child Welfare committee, Villupuram, who was also present before this Hon'ble Court when the detenue was produced, has arranged for the detenue Arokia Mary to undergo training in Catering with Hot Breads, Alwarpet, Chennai. I hereby undertake to send the detenue to the said concern for training.
4. I state that I have already saved money for the Detenue to the amount of Rs.1,55,000/-. I have opened a savings bank account in her name in Axis Bank, Anna Nagar West Branch and deposited the sum in the said account (SB A/c.No.916010018002314).
5.
I state that, due to her informal education at my household and tuitions, Arokia Mary can now converse, read and write in English and Tamil. She can also operate computers, printers and other electronic gadgets. She has been groomed to be a self-sufficient and confident young woman with employable skills.
I hereby undertake to send her to Hot Breads for her to attain catering skills and equip herself for her future."
13. From the above averments of the affidavit, it is clear that the petitioner is ready and willing to take care of the education as well as the future of the detenue. So far, the petitioner has deposited a sum of Rs.1,55,000/- in her name, in the Axis Bank, Anna Nagar West Branch, Chennai, and a copy of the Bank Statement was also enclosed to prove the same. Hereafter, the petitioner would pay a sum of Rs.3000/- per month, apart from meeting the expenses in respect of her education and for her self-development. The petitioner has also undertaken to send the detenue for the training in catering with Hot Breads, Alwarpet, Chennai.
14. In the Proceedings of the Child Welfare Committee, dated 4.11.2016, the developments, which led to taking the custody of the detenue, had been narrated.
15. It is stated that as the detenue had expressed her desire to learn catering, she was transferred to Mariyalaya and sent for the training in Catering in Chennai. Thus, it is clear that the detenue is under the care of Mariyalaya.
16. We have also perused the Aadhar Card produced before this Court. In the Aadhar Card, the detenue's date of birth is shown as 3.6.1995. Therefore, it is clear that the detenue is a major, as on date.
17. The detenue being a major, having expressed her unwillingness to go along with her mother, expressed her desire to go along with the petitioner and the petitioner had also filed an affidavit of undertaking that he would provide all kinds of assistance for her education and for the development of her skills in the field of her choice, apart from providing safety and security to the detenue.
18. In such circumstances, considering the welfare and the future of the detenue, we are of the considered view that the detenue can be permitted to go along with the petitioner on certain conditions.
Accordingly, the detenue is permitted to go along with the petitioner on the following conditions:- a. The petitioner shall deposit a sum of Rs.3000/- per month, in the name of the detenue, in her Savings Bank Account No.916010018002314, in the Axis Bank, Anna Nagar West Branch, Chennai, from the next month onwards, i.e., from December, 2016, without fail.
b. The detenue shall be sent for the training in Catering in Hot Breads, Alwarpet, Chennai, and the expenses for such training shall be borne by the petitioner.
c. The detenue shall hand over the personal earnings, if any, after meeting her personal requirements, if any, to the petitioner and on receipt of the same, the petitioner shall deposit the same in the account of the detenue. d. The petitioner shall put the said amount of Rs.1,55,000/- in a fixed deposit, either in the same bank or in anyone of the nationalised banks, initially for a period of three years and thereafter, renew the same for further periods, till the amount is required by the detenue for her welfare and future.
e. The parents of the detenue shall be permitted to meet the detenue, whenever they would like to meet her, without any hindrance. f. The Child Welfare Committee shall monitor the compliance of this order, once in every three months.
In the event of non-compliance of anyone of the conditions, either the Child Welfare Committee, or the detenue herself or her parents can very well approach this Court for obtaining the appropriate relief.
The Habeas Corpus Petition is ordered, accordingly.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rnb To 1.Inspector of Police All Women Police Station Eraiyur Palayam Ulundurpet Villupuram District.
2.The Superintendent Abhayam Nilayam (Kalaiselvi Karunalaya) 100, Vaigai Square Thanthai Periyar Nagar Villupuram District.
3.The Child Welfare Committee, Villupuram 4.The Public Prosecutor, High Court, Madras.
+2 cc to M/s Sudha Ramalingam, Advocate SR.65696 H.C.P.No.2371 of 2016 AK(CO) RVR 03/01/2017