Sardhani Begam v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2024
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.2560 of 2023 Sardhani Begam .. Petitioner Vs.
1.The Superintendent of Police, Krishnagiri District.
2.The Inspector of Police, AWPS, Hosur.
3.The Chair Person, The Child Welfare Committee, Londenpet, (Near bus stand), Krishnagiri District.
4.Nausath .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 1 and 2 to produce
the petitioner's daughter namely Mubintaj, aged about 17 years, before this Court and handover to the petitioner.
For Petitioner : Mr.R.Ramasamy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 to R3 Mr.V.Sundarraman for R4
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner herein is the mother of the alleged detenue and the fourth respondent is her father. Claiming that the fourth respondent has illegally detained her minor daughter, she has filed the present Habeas Corpus.
2. When the petitioner herein had earlier filed a petition in G.W.O.P.No.1 of 2018, the same came to be dismissed on 12.03.2021 with certain observations that the custody of the minor child would not be
conducive with the mother.
3. The petitioner's daughter was born on 18.06.2006 and is now a major. Earlier, when the Habeas Corpus Petition was taken up for hearing, it was brought to our notice that the girl was under the care of custody of Vallalar Home, Dharmapuri and hence we had directed the respondent police to secure the girl from the home and produce her before us, through an interim order passed on 31.01.2024. Pursuant to the said order, on 26.03.2024, the girl was produced before us and when we had interacted with her, she expressed that she does not want to live with her father and intends to reconcile with her mother. She also expressed that she does not want to stay in the home. We had taken note of the fact that the girl was at the verge of becoming a major at that relevant point of time and by respecting her wishes, we had granted interim care and custody of the minor girl to the mother / the petitioner herein.
4. Today, when the matter was called, the learned Additional Public Prosecutor submitted that the minor girl had eloped from her mother's custody and had married one Shahul Hamid, aged about 23 years on 28.06.2024 at Krishnagiri. The girl is present before us who stated that she is now living with her husband. Since both the petitioner's daughter as well as her husband are majors and are legally wedded, her choice to live with her husband, cannot be termed to be illegal. Hence, no further orders are required in the present petition.
5. Accordingly, this Habeas Corpus Petition stands closed. (M.S.R.,J.) (S.M.,J.) 01.07.2024 NCC : Yes / No Index : Yes / No Anu
To 1.The Superintendent of Police, Krishnagiri District.
2.The Inspector of Police, AWPS, Hosur.
3.The Chair Person, The Child Welfare Committee, Londenpet, (Near bus stand), Krishnagiri District.
4.The Public Prosecutor, Madras High Court
M.S.RAMESH,J.
and SUNDER MOHAN ,J.
Anu H.C.P.No.2560 of 2023 01.07.2024