High CourtsDivision Bench(2006) 03 MAD CK 0194

Emily vs The Superintendent of Police and The Inspector of Police

Madras High Court · Decided on 6 March 2006

HON’BLE JUDGES
P. Sathasivam, J · J.A.K. Sampathkumar, J
CASE NUMBER
Habeas Corpus Petition No. 177 of 2006

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Judgment

2 paragraphs · 190 words

P. Sathasivam, J.—The petitioner by name Emily, has filed this petition for production of her minor daughter by name Faridha Arockiyam, before this Court and hand over her to the petitioner.

2.

Pursuant to the direction of this Court, respondents 1 and 2 produced the detenue by name Faridha Arockiyam. We enquired her. Though before us she has stated that she is aged about 18 years, the birth certificate issued by the School authorities shows that her date of birth is 15.04.1990; accordingly, she is a minor as on date. Considering the fact that she is a minor aged about 16 years, the petitioner is none else than her mother, we are of the view that in the interest of the detenue, it is desirable to send the detenue with her mother, the petitioner herein. Accordingly, direction is issued to respondents 1 and 2 to hand over the detenue by name Faridha Arockiyam to the petitioner. The petitioner is directed to take care of her daughter. Respondents 1 and 2 are free to proceed in accordance with law against the the complaint of the petitioner. This petition is ordered accordingly.