Mother filed habeas corpus petition challenging Child Welfare Committee order handing over custody of minor daughter to father. Court held CWC exercised valid power under Section 29, JJ Act 2015, and dismissed petition as filed before wrong forum.
Petition dismissed; Child Welfare Committee order quashed; no interim custody directed.
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HCP(MD)No.280 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2023
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
H.C.P.(MD)No.280 of 2023
C.Jenifer .. Petitioner /Mother of
the detenu
Vs.
3.The Chair Person, Child Welfare Committee, Thoothukudi District. 4.Charless .. Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records relating to the order passed by the third respondent in petition No.02/Ku.Na.Ku /2022 dated 24.11.2022 and quash the same and direct the respondents to produce the body or detenu namely Evaniya Esther, D/o.Charless, aged about 5 years
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before this Court and hand over her custody to the petitioner.
For Petitioner :Mr.C.Mayilvahana Rajendran For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J. AND K.K.RAMAKRISHNAN,J.
The habeas corpus petition is filed by the mother of a minor daughter alleging that based on the complaint given by her husband, the Child Welfare Committee, who is arrayed as third respondent in the petition, has enquired the parties and handed over the minor daughter to her husband. This order passed by the Child Welfare Committee is beyond their power and jurisdiction and therefore, custody with the fourth respondent (father of the minor child) is illegal.
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HCP(MD)No.280 of 2023
by the father, the Child Welfare Committee has called the parties as well as the minor girl and after due enquiry, they in their wisdom, has found fit that the father will be the best person to take the custody and care of the minor girl and accordingly ordered the child to be with the father and he has to submit a report once in six months before the Probation Officer. This order was passed on 24.11.2022.
Committee has passed the said order in exercising the power conferred under Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2015 reads as below:-
“29.Child Welfare Committee (1) The State Government may, [within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district], one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
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HCP(MD)No.280 of 2023
(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
(3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment of any member of the Committee may be terminated, after holding inquiry, by the State Government, if-
(I) he has been found guilty of misuse of power vested under this Act;
(ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.”
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HCP(MD)No.280 of 2023
(G.J.,J.) (K.K.R.K.,J.) 02.03.2023
Index :Yes/No Internet:Yes/No NCC :Yes/No am
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HCP(MD)No.280 of 2023
To
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HCP(MD)No.280 of 2023
DR.G.JAYACHANDRAN,J. AND K.K.RAMAKRISHNAN,J.
am
ORDER MADE IN
H.C.P.(MD)No.280 of 2023
02.03.2023
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2 issues framed by the court
Whether the Child Welfare Committee has the power under Section 29 of the Juvenile Justice Act, 2015 to pass an order regarding custody of a minor child.
Whether the petitioner filed the habeas corpus petition before the appropriate forum.
1 provisions across 1 enactments
C.Jenifer
Superintendent of Police, Thoothukudi District, Thoothukudi
Inspector of Police, All Women Police Station, Thoothukudi Town, Thoothukudi
Chair Person, Child Welfare Committee, Thoothukudi District
Charless
G.Jayachandran
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
