Devika v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2023
CORAM
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Devika ... Petitioner Vs.
1.The Superintendent of Police, Thiruvannamalai District.
2.The Inspector of Police, All Women Police Station, Polur Taluk, Thiruvannamalai District.
3.The Inspector of Police, All Women Police Station, Vellore Taluk, Vellore District.
4.The Child Welfare Committee, Department of Social Welfare Defense, Singatheertham Opp. Chengam Road, Thirvannamalai District.
5.Annai Sathya Varaverpu Illam Singatheertham Opp., Chengam Road, Thirvannamalai District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondent nos. 1 to 3 to produce petitioner's daughter namely Minor. Baby Priya, who is aged about 17 1⁄2 years before this Court from the illegal custody of the respondent nos. 4 and 5 and hand over the detenue to the petitioner.
For Petitioner :
Mr.S.Sundaresan For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind for R1 to R3
ORDER
(Order of the Court was made by SUNDER MOHAN, J.) The petitioner is the mother of the detenue. She has filed the instant petition stating that the detenue, a minor, is in the illegal custody of the fifth respondent herein at the instance of the fourth respondent; that the District Child Protection Officer, Thiruvannamalai lodged an online complaint on 25.08.2023 with the second respondent alleging that on 16.08.2023 she got an anonymous message that a child marriage was held between the detenue and one Sathish Kumar; that thereafter the fourth respondent took custody of the detenue and handed over the custody of the minor to the fifth respondent Home. The minor is in the custody of the fifth respondent Home since then.
2. Today, the detenue is produced before this Court. The detenue would state that though an attempt was made by her parents to get her married with one Sathish Kumar, no such marriage took place, though it appears from the letter of the fourth
respondent to the second respondent dated 20.10.2023 that the detenue had stated earlier before the Child Welfare Committee that a marriage took place. She has now expressed her willingness to go with her parents who are present in Court. The parents would also state that no such marriage took place and they also undertake that they would not compel the detenue to get married before she attains 18 years.
3. The parents of the detenue appear to have spent substantial money and time to educate the detenue and at present the minor detenue is studying in college. It is in these circumstances we find that the wish and welfare of the minor detenue will be well served if she joins with her parents. The parents of the detenue had given an undertaking that they do their best to continue the education of the detenu and would not compel or perform the marriage of their daughter until she attains majority.
4. Recording the statement of the detenue that she is willing to go with her parents, this habeas corps petition is closed. (S.S.S.R., J.) (S.M., J.) 31.10.2023 Index : Yes / No mmi
To 1.The Superintendent of Police, Thiruvannamalai District.
2.The Inspector of Police, All Women Police Station, Polur Taluk, Thiruvannamalai District.
3.The Inspector of Police, All Women Police Station, Vellore Taluk, Vellore District.
4.The Child Welfare Committee, Department of Social Welfare Defense, Singatheertham Opp. Chengam Road, Thirvannamalai District.
5.Annai Sathya Varaverpu Illam Singatheertham Opp.
Chengam Road, Thirvannamalai District.
6.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR , J.
and SUNDER MOHAN, J.
mmi 31.10.2023