G.Chellathayee v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Chellathayee ... Petitioner Vs.
1.The Superintendent of Police, 2.The Inspector of Police, Veerapandi Police Station, 3.Ajith 4.Perumal 5.Anandan ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue, the petitioner's minor daughter namely Gayathiri D/o.Ganesan, aged about 17 years, from illegal custody of the respondent Nos.3 to 5 before this Court and handed over to the petitioner. For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.K.Dinesh Babu (R1 & R2) Addl.Public Prosecutor For Respondents : No Appearance (R3 to R5)
O R D E R
The detenue Gayathiri was produced before this Court. She stated that her date of birth is 02.02.2003 and that she is aged about 16 years and 7 months. She further stated that she had lover affair with the 3rd respondent. On an earlier occasion both of them had eloped and an FIR came to be registered by the 2nd respondent 1/3
Police. There was some compromise between the parties and the case itself came to an end. She further stated that her parents forced her to marry a close relative, against her wishes. Therefore, she left her home and was staying in a relative's place. She further stated that she wants to continue with her studies and that she undertakes not to go along with the 3rd respondent and cause further embarrassment to her parents. She stated that, if the parents give an assurance that they will not force her to get married against her wishes, she is willing to go along with her parents.
2. The parents of the detenue were present before this Court and they specifically stated that they will not force their daughter to marry any one against her wishes. A joint affidavit has also been filed before this Court and the relevant portion of the affidavit is extracted hereunder :- "3. In the joint affidavit we affirm that we will not think of the marriage of the detenue, till she attain majority, as per law. Further, we affirm that no marriage would take place, till she become major and we will not force her as such in future."
3. The learned Additional Public Prosecutor submitted that the case is now at the stage of CSR No.458 of 2019. 4.The 2nd respondent Police is directed to call the 3rd respondent and record a statement from him by getting an undertaking that he will not go anywhere near the detenue Gayathri.
5. The petition shall be kept pending. If the 3rd respondent again makes any attempts to disturb with the life of the detenue, the 2nd respondent shall immediately register an FIR and proceed further, in accordance with law.
6. In view of the above development and the specific undertaking that was given by the parents of the detenue, the same is recorded and the Habeas Corpus Petition is disposed of. No costs.
Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar MPK To 1.The Superintendent of Police, 2/3
2.The Inspector of Police, Veerapandi Police Station, 30.09.2019 JM/24.10.2019/3P/3C 3/3