The High Court on a criminal revision directed the lower court to return custody of a minor girl to her mother upon undertaking she would not marry her before majority.
The court directed the learned Judicial Magistrate to hand over custody of the minor girl Vennila to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Criminal Revision No.684 of 2017
Tmt. Janaki .. Petitioner
Vs
1.The District Children Welfare Officer,
Cuddalore District,
Cuddalore.
2.The District Social Welfare Officer,
Cuddalore District,
Cuddalore. .. Respondents
Prayer:- Criminal Revision filed under Section 401 Cr.P.C., to call for the records made in Crl.M.P.No.541 of 2017, dated 17.03.2017 on the file of the learned Judicial Magistrate No.II, Cuddalore and set aside the same as illegal.
For Petitioner : Mr.R.Sankarasubbu for Mr.P.Anbazhagan
For Respondents 1 and 2 : Mr.R.Ravichandran Govt. Advocate (Criminal side) * * * * *
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O R D E R
The Criminal Revision Petition has been filed challenging the order passed in Crl.M.P.No.541 of 2017, dated 17.03.2017 by the learned Judicial Magistrate No.II, Cuddalore.
2.The petitioner is the mother of one Vennila, aged about 16
years. Earlier, based on the complaint received by the second respondent/District Social Welfare Officer that the petitioner was taking steps to perform her minor daughter's marriage with one Veera, the second respondent had taken steps to prevent the marriage and after conducting an enquiry, the second respondent secured the minor girl and produced her before the first respondent/District Children Welfare Officer. The first respondent, after conducting enquiry, came to know that the petitioner was taking steps to perform her minor daughter's marriage and hence, the first respondent sent the minor girl to Government Home. Subsequently, the petitioner filed a petition in Crl.M.P.No.541 of 2017 under Section 97 of Cr.P.C. on the file of the learned Judicial Magistrate No.II, Cuddalore seeking custody of her minor daughter Vennila. The Court below, on considering the facts and http://www.judis.nic.in circumstances of the case and on hearing the learned counsel on either
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side, by order dated 17.03.2017 dismissed Crl.M.P.No.541 of 2017. Challenging the same, the present Civil Revision Petition has been filed.
3.Earlier, when the matter came up for hearing on
01.06.2017, the learned counsel for the petitioner submitted that the petitioner had never taken any steps to perform the marriage for her minor daughter Vennila and she has been illegally detained in Home. In view of the above, this Court directed both the petitioner and the minor daughter Vennila to be present before this Court today i.e. on 07.06.2017. Accordingly, today both the petitioner and her minor daughter are present in the Court. The petitioner stated that she would not take any steps to perform her minor daughter's marriage till she attains majority and that she has also filed an affidavit of undertaking dated 07.06.2017 before this Court. The third paragraph of the affidavit of undertaking reads as follows:
"I will not give my minor daughter in marriage to anybody till her attaining majority. I undertake that I will give her necessary
education and I will look after her with love and
affection and provide her day to-day
necessities."
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4.When the Court inquired the minor Vennila, she has stated
that her mother has not been taking any steps, as alleged, to perform
her marriage and she only wants to pursue her studies.
5.In the above circumstances and considering the affidavit of
undertaking given by the petitioner that she will not take any steps to perform her minor daughter's marriage till she attains majority, this Court is inclined to entrust the custody of the minor girl to the
petitioner/mother and passes the following order:
"1.The learned Judicial Magistrate No.II, Cuddalore is directed to hand over the custody of the minor girl Vennila to the petitioner;
2.The petitioner shall not take any steps to
perform her minor daughter's marriage till she
attains majority."
6.With the above said directions, the Criminal Revision is disposed of.
07.06.2017
Index:Yes/ No
Internet: Yes/No
cla
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To
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V.BHARATHIDASAN,J
cla
Crl.R.C.No.684 of 2017
07.06.2017
1 issue framed by the court
Whether the custody of the minor daughter should be returned to the petitioner given her undertaking not to marry her before majority.
2 provisions across 2 enactments
Tmt. Janaki
The District Children Welfare Officer, Cuddalore District
The District Social Welfare Officer, Cuddalore District
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court