BARAKKATH NISHA Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the father of the detenu, who is a minor girl, aged about 7 years.

(2.) The consistent case of the petitioner is that she had handed over the minor girl to her father-in-law, Sheik Maideen, who is the father of the third respondent. As of now, the said Sheik Maideen is no more. The minor girl is said to have been handed over to ABODE Precious Children Home at Madurai and admittedly, this happened in the year 2011. The petitioner did not take any steps to trace the minor child nor she contacted her father-in-law. The third respondent is the son of the said Sheik Maideen and husband of the petitioner.

(3.) This petition has been pending since 2015 and various orders have been passed from time to time, however, in spite of the best efforts taken by the respondent police, they are unable to trace the minor child. Earlier, the petitioner stated that she was able to identify the child and she had identified three children, stating that one of the three children is her daughter. Therefore, the Investigating Agency proceeded to get DNA Test done for the three children.