BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03/04/2007 CORAM THE HON'BLE MR.JUSTICE M.CHOCKALINGAM AND THE HON'BLE MR.JUSTICE P.R.SHIVAKUMAR H.C.P.(MD) No.113 of 2007 P.Jeeva .. Petitioner vs 1.The Inspector of Police Town Police Station Pudukkottai Pudukkottai District 2.Bakrudeen 3.Subedha .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the first respondent to produce the petitioner's minor daughter P.Nancy Praveena, aged 17 years, who has been illegally detained by the 2nd and 3rd respondents herein before this Court and set her at liberty. !For Petitioner : Mr.R.Sundar For Respondents : Mr.N.Senthurpandian Additional Public Prosecutor for R1 Mr.C.Pandarasamy for RR2 and 3 :ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
Invoking the writ jurisdiction of this Court, one Jeeva has brought forth
this petition.
2.According to the petitioner, her husband Paul Patrick was working in
BSNL; that he died in the year 2000; that on compassionate ground, she was given
appointment; that she was presently working over there; that her first daughter
Nancy Praveena whose date of birth was 17.5.1990, was doing her +2 course at
Rani Girls Higher Secondary School, Pudukkottai; that she was staying in her
elder sister’s house; that on 19.2.2007, she came to know that the second
respondent with the help of the third respondent kidnapped her daughter; that
she was only 17 years old, and thus, she is a minor; that on coming to know
about the same, she gave a complaint to the first respondent on 20.2.2007; that
a case came to be registered by the first respondent police in Crime No.44/2007
under Sec.366 of I.P.C. on 20.2.2007; but, she has not yet been secured; that
she could not know the whereabouts of her daughter, and hence, it has become
necessary to approach this Court with the petition for habeas corpus.
3.In the last occasion, notice was ordered to the respondents. The
respondents 2 and 3 also appeared through Counsel. The Court heard the learned
Counsel on either side and also the learned Additional Public Prosecutor.
4.The alleged detenue Nancy Praveena has been produced before the Court.
She is also enquired. According to her, she fell in love with the second
respondent, which continued for the past three years, and she was living with
her mother at Pallavaram, Madras, and the second respondent was also living at
Pallavaram, and she was doing +2 course at Pallavaram, and on coming to know
about the love affair, she was taken to the senior maternal aunt’s house at
Pudukkottai, where she was doing her course, and she informed the same to the
second respondent, and he came over to Pudukkottai, and as per their plan, they
went over to Mahajanapakkam, Kancheepuram, and got married on 23.2.2007, and
thus, as on today, they are living as husband and wife. She further added that
she is not ready to go with her mother, and she also entertained doubt as to her
character, and hence, it would go against her welfare, and hence, she is not
willing to go with her mother.
5.The statement of the minor girl is also recorded.
6.In appraisement of the facts and circumstances, this Court is of the
considered opinion that since she happens to be a minor, and she is also not
willing to go with the mother in view of the reasons adduced by her, and now, a
case has also been registered by the first respondent police, and it is also
brought to the notice of the Court that Nancy Praveena is a Christian by faith
and the second respondent is also a Mohammedan by faith, the custody of the
minor girl could not be given to the second respondent though it is urged that
they are living as husband and wife. Under the circumstances, she has got to be
allowed to be in the Government Home till she attains majority.
7.Hence, the minor girl Nancy Praveena is directed to be kept in the
Government Home, Chokkikulam, till she attains majority. Accordingly, this
habeas corpus petition is disposed of.
To
1.The Inspector of Police
Town Police Station, Pudukkottai
Pudukkottai District
2.The Public Prosecutor
Madurai Bench of Madras High Court.
Nsv