Dismissed

B.Nalini @ Bakkiyam, A/35 v. the Senior Superintendent of

Madras HC13 Mar 2018HCP/388/2018

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a mother for the release of her 15-year-old daughter confined in a child home following POCSO abuse, the court rejected the petition. Finding the mother resides with the abuser, the court ordered the child to remain in the care of the child home under the supervision of the Child Welfare Committee per the Juvenile Justice Act.

What did the court decide?

The habeas corpus petition was closed; the detenu minor shall continue to be in the custody of the fifth respondent/Home.

B.Nalini @ Bakkiyam, A/35 Vs the Senior… — Child Custody and Guardianship | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:13.03.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE C.T.SELVAM

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and

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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H.C.P.No.388 of 2018

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B.Nalini @ Bakkiyam

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... Petitioner

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-Vs-

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1.The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry.

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State by The Station House Officer, Odiansalai Police Station, Puducherry. Crime No.76/2017.

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3.The Chairperson, The Child Welfare Committee, Ariyankuppam, Puducherry.

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4.The Co-Ordinator, Child Line 1098-Puducherry, Collaborative Organization, Pondicherry Multipurpose Social Society (PMSSS), #81, Laporte Street, Puducherry-605 001.

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5.Kirubalaiya Home Korukanmedu, Thavalakuppam, Puducherry.

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6.Thulasi @ Thulukanam

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7.Bruno Charles (R7 is Suo-motu impleaded by this Court dated 13.03.2018)

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in Crime No.76/2017 on the file of the 2^nd respondent and direct the 1^st and 2^nd respondents herein to produce the body of the petitioner's daughter named Kaviya @ Beatrice, F/A 15 years, D/o.Mr.Bruno Charles, who is now confined in Kirubalaiya Home, Korukanmedu, Thavalakuppam, Puducherry (5^th Respondent herein) before this Hon'ble Court and set her liberty.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.D.Bharathachakravarthy

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: Mr.D.Bharathachakravarthy Public Prosecutor (Pondicherry) for RR1 to 3

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Mr.Stalin Abhimanyu for R7

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ORDER

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[Order of the Court was made by C.T.SELVAM, J.]

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Petitioner, who is the mother of detenue viz., Kaviya @ Beatrice, aged 15 years, seeks production of her daughter.

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Heard learned counsel for petitioner, learned Public Prosecutor(Puducherry) for respondents 1 to 3 and learned counsel for seventh respondent.

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Both affirm that the minor girl, who has been abused and a case stands registered under Protection of Children from Sexual Offences Act against the offender. Both counsels further informed that in the interest of the detenue/minor girl, it would be appropriate that she be required to be kept at the fifth respondent's Home and the third respondent/Child Welfare Committee is monitoring her welfare. Learned counsel for seventh respondent has further submitted that detenue is now attending classes for X standard and as also been taught tailoring. It has been further submitted that the petitioner/mother of the detenue shares residence with the abuser of the detenue/minor girl.

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Given the above submission, this Court is not able to accept the submissions of learned counsel for petitioner that the detenue/minor girl would be safe under the care and custody of the petitioner/mother of the detenue and that the seventh respondent is levelling false charges against the petitioner since he and his wife/petitioner have for long been separated.

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In the circumstance, this Habeas Corpus Petition shall stand closed. The detenue/minor girl shall continue to be in the custody of fifth respondent/Home and the third respondent/Child Welfare Committee is required to monitor the welfare of the child and to act in keeping with The Juvenile Justice (Care And Protection of Children) Act.

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Sd/-

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Assistant Registrar(CS III)

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//True Copy//

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar

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kmi

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1.The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry.

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1. The Station House Officer, Odiansalai Police Station, Puducherry. Crime No.76/2017.

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3.The Chairperson, The Child Welfare Committee, Ariyankuppam, Puducherry.

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4.The Co-Ordinator, Child Line 1098-Puducherry, Collaborative Organization, Pondicherry Multipurpose Social Society (PMSSS), #81, Laporte Street, Puducherry-605 001.

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5.Kirubalaiya Home, Korukanmedu, Thavalakuppam, Puducherry.

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1. The Public Prosecutor, High Court, Madras-104. +1cc to Mr.S.Silambu Selvan, Advocate Sr.No.20567 +1cc to Government Pleader Sr.no.19570 +1cc to Mr.Stalin Abhimanyu, Advocate Sr.No.19183 GP(CO) sm:10.4.2018 H.C.P.No.388 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

B.Nalini @ Bakkiyam, A/35 v. the Senior Superintendent of

Case brief

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What did the court decide?

B.Nalini @ Bakkiyam, A/35 v. the Senior Superintendent of

Case brief

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