Petitioner moved for habeas corpus for her 17-year-old daughter detained for elopement and marrying her jailed husband. Court noted daughter is major, resides in a home, and wishes to stay there until husband's bail. Petition dismissed.
No order for production of detenu; permitted to stay in the home until husband's bail enlargement.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.526 of 2018
Shanthi
... Petitioner
vs.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 & 2 herein to produce the body or person of the detenue by name R.Rajaselvi D/o. Rajasekar aged about 17 years and produce her before this Court and hand over her to the petitioner.
For Petitioner : Mr.K.A.Raamakrishnan For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[ Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner is the mother of the detenu. It appears that the detenu has eloped with one Vethamuthu. At the time of elopement, the detenu was short of one month to attain majority. Immediately after attaining majority, they got married with each other. Now a case has been registered against the said Vethamuthu. He has been arrested and thereafter in judicial custody.
2.The detenu has informed us that being a major she is not ready and willing to go with the petitioner. The petitioner and her husband have also left it to the discretion of the detenu. When enquired, the detenu has informed that she is residing at a Home and she would continue to be there till her husband is enlarged on bail.
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3.We may note Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which speaks about the place of safety to be set up by the Government. This place is also meant for someone who crossed the age of 18. Thus, the detenu comes under this category as she herself wants to stay there.
4.We accordingly, permit her to stay in the Home in which she is put up as of now. After enlargement of bail of her husband, she can take her own decision.
5.This petition is closed accordingly. We pass this order, as under the said Act, the detenu has to be construed as a victim.
Sd/-
/True Copy/
Sub Assistant Registrar(CS-II)
To
+1cc to Mr.K.A.Raamakrishnan, Advocate SR.No.78994 Mj
MK/SKN/SAR 2/31.08.2018/2P/5C
13.08.2018
3 issues framed by the court
Whether the petitioner can enforce Habeas Corpus for her eloped minor daughter who is the wife of a detained husband and resides in a shelter home.
How Section 49 of the Juvenile Justice Act applies to a 17-year-old major girl residing in a place of safety.
Whether the detenu should be produced before the court despite her expressed willingness to stay in the home.
2 provisions across 2 enactments
Shanthi
Superintendent of Police, Thoothukudi District
Inspector of Police, Vilathikulam Police Station
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
