Madras HC orders govt home to hand over minor’s custody to mother

MADURAI: The Madurai bench of the Madras High Court directed the President of the Government Reception Home, Chinnathirupathi, Salem, to hand over the custody of a minor girl to her mother.

T Yogambal, mother of detenu, in a habeas corpus petition, sought the court’s intervention to direct Kadamalaikundu Inspector of Police, Theni district, to secure and produce her 16-year-old daughter before this Court and entrust the detenue’s custody to the petitioner.

Earlier, the petitioner's daughter had developed a love affair with one Sarathkumar, and without the knowledge and permission from her mother, she married him.

She became pregnant and a case was registered against Sarathkumar, his parents and also the petitioner, as if they arranged for child marriage.

Thereafter, the custody of the child was taken by the District Child Protection Officer, and under the order passed by the Child Welfare Committee, Theni district, the child was kept at Binda Unit-II ‘Under Life Line Trust’, Rajaganapathi Nagar, Sri Tiruchendur Murugan Illam, Chinnatirupathi, Salem.

When the petitioner met her daughter at the above centre, she expressed her desire to go along with the petitioner, whereas the respondents denied permission.

The Additional Public Prosecutor stated that based on a complaint given by the Extension Officer of the Social Welfare Department of Mayiladumparai Panchayat union, a case was registered under Sections 87, 127(4) of the BNS, 2023 and Section 9 of the Prohibition of Child Marriage Act r/w Section 5(1)5(j) (ii) and 17 r/w Section 6 of the Protection of Child from Sexual Offences Act, 2012.

As per the complaint, the petitioner, along with her relatives, had performed a child marriage for the minor girl with Sarathkumar, due to which the girl had become pregnant.

The minor girl, along with her husband, had gone to the Primary Health Centre, and based on the intimation given by the village nurse, a complaint was lodged and a case registered. Since the petitioner and her family members were arrayed as accused, fearing that they would harm the minor girl, she was taken to Salem and she has been kept at the Home now.

Earlier, the Superintendent of the Home, based on the medical advice, had informed that it would not be conducive to take the minor girl from Salem to Theni. Thereby, they refused to permit taking of the minor girl.

Under the directions of the court, a report was received from the medical officer at Salem. After seeing the minor girl, she gave a report stating that the patient could travel and there’s no obstetric contraindication for travel, and the doctors also suggested that if she was travelling by her vehicle, she could take sufficient rest and that the minor girl has to be ambulated, and adequate hydration should be ensured. Further stated that the girl, though she expressed her willingness to go along with her mother, had refused to abort the child and since the petitioner is the mother and taking into consideration the present state, the respondents have no objection in allowing the minor daughter of the petitioner to go along with the petitioner.

A division bench comprising Justice AD Jagadish Chandira and Justice R Poornima ordered the petitioner to ensure the safety of the minor girl. Further directed the Child Welfare Officer, Theni and the Extension Officer of the Social Welfare Department of K Mayiladumparai Panchayat Union to monitor the health and safety of the minor girl periodically.