PUSHPAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) : This petition is filed by the mother of the detenue alleging that her daughter Kum. N. Jyothi aged 17 years studying in 10th standard at Basaveshwara High School, Rajajinagar, Bangalore, used to go to the school regularly in the morning at 9.00 a.m. and return home at 5.00 p.m. in the evening. Earlier on 13-3-2008, she did not return from school at the end of the day. The husband of the petitioner had filed W.P. No. 53-2008(HC). Kum. Jyothi who was aged 16 years at that time, was produced before this Court and on enquiry made by the Hon'ble Judges constituting the Bench, her parents agreed that they will not perform the marriage of Kum. Jyothi against her consent. Recording the statement of Kum. Jyothi that she is willing to join her parents, custody was handed over to the parents and accordingly; writ petition was closed by order dated 6-5-2008.

(2.) Since Kum. Jyothi was again missing, this petition is filed. Notice was issued to the respondents and Kum. Jyothi was produced before this Court on 25-5-2009. A detailed order was passed on 25-5-2009 directing that Kum. Jyothi shall be kept in the Rehabilitation Centre - Bal Mandir, Koramangala by the concerned police authorities till she completes the age of 18 years and the respondents were directed to produce Kum. Jyothi on 25-6-2009.

(3.) On 25-6-2009, Kum. Jyothi was produced before the Court from Bala Mandir. On enquiry, she informed the Court that if her parents, junior uncle and his wife, and grandmother - Smt. Veeramma give an undertaking to the Court that they would not ill-treat her in any manner and that they will not perform her marriage against her will before she completes the age of 18 years, she is prepared to go and stay with her parents. Therefore, the petitioner and her husband were directed to file an undertaking by way of affidavit and also to secure the presence of girl's uncle and his wife, and grandmother - Smi. Veeramma to file necessary affidavit before the Court and the matter was adjourned to 26-6-2009. However, affidavits were not filed as directed and therefore, the Court ordered that Kum. Jyothi cannot be given to the custody of parents on 26- 6-2009. However, on 29-6-2009, Smt. Pushpavathi and her husband Sri H. Nagaraj filed detailed affidavit undertaking not to harass physically or mentally their daughter, Jyothi asking her to get married before she completes the age of 18 years and that they will personally take care of the minor child when the child is in their custody. Kum. Jyothi was also willing to join her parents. Noting the undertaking by way of affidavit of the parents and the willingness of Kum. Jyothi, this Court directed Kum. Jyothi to join her parents. Thereafter, the matter was posted on 3- 8-2009 and7-9-2009, and 23-11-2009. On 23- 11-2009, the matter was ordered to be posted today as the date of birth of Kum. Jyothi was 29-2-1992. Kum. Jyothi has attained majority as on today i.e. 1-3-2010.