High CourtsDivision Bench(2006) 09 MAD CK 0013

V. Madhavan vs The Inspector of Police, Velankanni, Pandian and Munusamy

Madras High Court · Decided on 5 September 2006

HON’BLE JUDGES
S. Manikumar, J · P. Sathasivam, J
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Petition No. 818 of 2006

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Judgment

17 paragraphs · 346 words

P. Sathasivam, J.—The petitioner by name V. Madhavan, has filed this petition seeking direction to the first respondent for production of his

minor daughter Miss. Nisha Mol, minor aged about 17 years, now under the illegal custody of respondents 2 to 4 herein before this Court and set

her at liberty.

2.

Pursuant to our direction, the detenue by name Nisha Mol, appeared before us. We enquired her. Even according to her, she is a minor and her

date of birth being 06.05.1989. In the enquiry, the detenue expressed that she is not willing to go along with the petitioner, who is none else than

her father and she fell in love with the 4th respondent, who according to her is employed in a vulcanizing shop. We also enquired the parents of the

detenue. They expressed their willingness to take back their minor daughter.

3.

During enquiry it is brought to our notice that the complaint of the petitioner dated 23.08.2006, submitted to the first respondent has not been

registered so far and according to him, respondents 3 and 4 kidnapped his daughter. What every may be, the detenue being a minor, aged about

17 years, we cannot permit her to reside elsewhere without the company of the parents. Inasmuch as she is not willing to reside along with her

parents, we have no other option, except to sending her to a Government Home. Accordingly, the first respondent is directed to put the detenue

by name minor Nisha Mol in the Government Vigilance Home, Kutchery Road, Mylapore, Chennai 600 004. She has to be there till she attains

majority and on attaining majority, she is free to take a decision on her own accord.

4.

The first respondent is directed to register the complaint of the petitioner dated 23.08.2006 and proceed further according to law. Taking note

of the background and factual details referred to above, we direct the Assistant Commissioner of Police, Washermenpet, Chennai to monitor the

above investigation and take appropriate action in accordance with law.

With the above directions, this petition is closed.