IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 2-9-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN H.C.P.No.1679 of 2010 Selvi .. Petitioner vs 1.The Superintendent of Police Perambalur District Perambalur 2.The Deputy Superintendent of Police Perambalur District Perambalur 3.The Inspector of Police Mangalamedu Police Station Mangalamedu Perambalur District 4.Saranraj .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents herein to produce the body of the petitioner's daughter minor Vinitha, D/o.Veeman, aged 17 years, before this Court and hand over the detenue to the custody of the petitioner as the petitioner is the natural guardian and set her at liberty forthwith. For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.V.R.Balasubramanian Additional Public Prosecutor for RR1 to 3 ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
This petition is brought forth by the petitioner mother one Selvi alleging that the detenue is her minor daughter aged 17; that she belonged to the agricultural family; that she has brought her daughter up; that while so, on 10.4.2010, she was found missing when she went to the computer class; that thereafter, when the enquiry was made, she came to know that her daughter was actually kidnapped by the fourth respondent; that a complaint was given on that day itself to the third respondent police; but no steps have yet been taken, and under the circumstances, she was compelled to file this petition before this Court.
2.This day when the matter was taken up by the Court, it was represented by the learned Additional Public Prosecutor for the State that the detenue has actually been secured and she is to be produced before the Court.
3.Accordingly, she is produced. She is also enquired. According to her, she was born on 26.6.1993, and the petitioner is her mother, and the father is also alive, and they belonged to the agricultural family, and she has actually completed +2, and she desired to go for further studies; but her parents were not ready, and on the contrary, they forced her to marry a particular person, to which course she was not amenable, and hence she left the home and was all along staying in her aunt’s house, from where she was brought and produced before the Court, and she is not willing to go with the parents, but she is ready to go with the senior paternal uncle’s son of her father, and under the circumstances, she may be allowed to go with him.
4.After looking into the averments made and also hearing the submissions of either side, this Court is of the considered opinion that it is not a fit case where she could be ordered to go along with the parents at this juncture since she cannot be compelled. That apart, she is also a minor since as per the averments made in the affidavit, she is 17 years old. According to the detenue also, she was born on 26.6.1993, and thus she is a minor. Under the circumstances, this Court is of the view that it would be fit and proper to keep her in the Government Observation Home for Women till she attains majority.
5.Accordingly, the detenue Vinitha, D/o. Veeman, is ordered to be kept in the Government Observation Home for Women, Social Welfare Department, Kajamalai, Near E.V.R. College, Tiruchirapalli 23, and this petition is disposed of.
nsv
To:
1.The Superintendent of Police
Perambalur District
Perambalur
2.The Deputy Superintendent of Police
Perambalur District
Perambalur
3.The Inspector of Police
Mangalamedu Police Station
Mangalamedu
Perambalur District
4.The Public Prosecutor
High Court,
Madras