Tamil Nadu - Chennai   

Police directed to hand over girl to mother

CHENNAI: The Madras High Court has directed the Sithamur police in the Madurantakam taluk to hand over a minor girl, who claimed she was married, to her mother.

The woman should ensure the safety and security of her daughter until she attained majority, and thereafter allow her to take her own decision.

In her habeas corpus petition, R. Shanthi submitted that R. Poornima, her only daughter and a minor who was studying Standard XI in the Government Higher Secondary School, Madurantakam, was kidnapped. Her husband was a mentally retarded person, and she was running a small eatery, managing to educate her daughter.

Despite a thorough search, she could not trace her. No effective steps were taken by the Sithamur police on her plea to trace the girl.

When the girl was produced before a Division Bench of Justices D.Murugesan and S.Palanivelu, the girl, 16 years, five months and three days, claimed she and Kumaravel alias Kutti of Triplicane got married in June this year. She wanted to go with Mr. Kumaravel.

On enquiry, the mother said the girl had recently completed 16 years. So, the marriage should be held invalid. She requested the court to send her daughter with her.

The Bench said the court was repeatedly pointing out the plight of minor girls eloping with boys and getting married to them. In some cases, the girls were due to attain majority or complete 18 years , and the marriage between such girls and boys were prima facie proved before this court.

The marriages were also consummated. Having regard to the interest of the girls as well as their children, the court considered the girls’ request to accompany their spouses.

However, allowing minor girls, who just crossed 16 years or had several days to attain majority, to accompany boys under the pretext of marriage, which was an offence, would be rectifying such marriages.

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