Chinnamma vs Superintendent Of Police And Others

@JUDGEMENTTAG- JUDGEMENT

Contending that the minor daughter (xxxx) aged 15 years was missing and that apart from registration of a case in Crime No. 86 of 2024 on 23.03.2024 on the file of the second respondent, no further action has been taken, the petitioner has filed the present Habeus Corpus Petition.

When the matter was taken up for admission on 02.04.2024, the learned Additional Public Prosecutor took notice for the respondents and pursuant to the same the alleged victim/ detenue was produced before this Court.

The learned counsel appearing for the petitioner would submit that after admission of the Habeus Corpus Petition, the petitioner received information that one Balachandran, S/o. Perumal had abducted her daughter and with the help of his family members he had also performed a child marriage with her daughter. He would further submit that the family members of the said Balachandran had circulated marriage photos through whatsapp and that they have also threatened the petitioner to withdraw the case in Crime No.86 of 2024. He would further reiterate that the alleged detenue is only 15 years and illegal child marriage has been performed and there is a possibility of the child having been subjected to further relationship.

Learned Additional Public Prosecutor would submit that based on the complaint, a search was conducted and during such time one Indira W/o.Packiyaraj had produced the victim/alleged detenue before the police and the respondent police also recorded statement from the victim/alleged detenue, wherein she had stated that she had completed 7th standard and thereafter she was grazing cattle and her parents compelled her to marry against her wish, thereby she, on her own volition, left the home on 22.03.2024 and she had gone to her aunt Indira's house at Manaparai and the said Indira is also present before this Court.

Though the said Indira claims to be relative of the said detenue, during enquiry this Court found that she is not a relative of the detenue and she is cousin sister of Eswari,mother of said Balachandran . Further the said Indira divulged that her cousin sister Eswari and her husband have handed over the child to her to produce before the second respondent pursuant to which she has produced the girl before the police station

From the perusal of the statement and the photo produced, this Court finds that the child has been subjected to child marriage and as such further investigation is required in this case. Further this Court finds that till date, the respondent police have not altered the provisions in the case.

The second respondent is directed to produce the victim/alleged detenue before the Child Welfare Committee, Trichy District and he shall continue with further investigation the case in Crime No. 86 of 2024 in accordance with law.

8.The petitioner is directed to approach the Child Welfare Committee, Trichy regarding further the custody of the child by filing necessary application and the Child Welfare Committee shall pass orders regarding custody after enquiry.

With the above observation, this Habeas Corpus Petition is closed.

Before parting with, this court, on enquiry, found that there is an alarming rise in the number of child marriages in the remote rural villages particularly in Trichy, Ariyalur and Perambalur District, which, we are of the view that probably due to lack of awareness. Therefore, the District Legal Services Authorities concerned are directed to conduct awareness programs in those areas to prevent the same.