J VIJAYARANI Vs. STATE

JUDGEMENT

(1.) THE Petitioner by name J. Vijayarani wife of Jayaraman, has approached this Court by way of the present Habeas Corpus Petition with the grievance that her daughter Vinodhini is a minor and her date of birth is 12.3.1991. She is undergoing XII standard during the academic year 2007-2008. On 17.3.2008, her daughter the detenu went to write her higher secondary final year examinations and did not return after the examinations were over. In spite of search in various places, the detenu could not be found. Hence, a complaint was lodged to the Inspector of Police, Valangaiman Police Station on 26.3.2008 for the offences under Section 363 I.P.C. In spite of the said complaint, the girl could not be traced and on enquiry, the petitioner came to know that her daughter was kidnapped by one Murugaraj S/o Nagaraj of the same village. Hence, she is constrained to approach this Court by way of the present Habeas Corpus Petition.

(2.) WHEN the petition was taken up for hearing, the respondent secured the girl and she has been produced before this Court. We enquired the girl. She has stated that here date of birth is 12.03.1991 and she left her house on 17.3.2008 and went to one Poyyar Village near Ariyalur alongwith the said Murugaraj. She had fallen with love with the said Murugaraj and therefore both of them got married in a temple located in the same village on 8.6.2008. She was firm that she should be sent only with the said Murugaraj and she is not interested to go with her parents. In fact, she has expressed her apprehension that if she is sent with her parents, her life will be in danger.

(3.) THE issue of minor girls eloped with boys and subsequently getting married, has come up before this Court on more than one occasion. In fact, this Court had experienced number of such petitions filed by the parents with the grievance that their respective daughters have been kidnapped. But, after notice, it had come to light that though the girls were minor, they have voluntarily eloped with the boys and got married them. THE consent of the minor for marriage cannot be recognized in the eye of law and the entrustment of the custody of the minor girls to the boys with whom the girls have eloped also cannot be recognized. In our considered view, we are ratifying the marriage itself. Of course, Similar issue came up before the Division Bench of this Court in 2003-2-L.W.(Crl.) 89 J.S. [Kumari (minor) aged 17 years, rep. by the Registrar General, High Court, Madras vs. 1. THE Inspector of Police, Vyasarpadi 2. THE Inspector of Police, Gummidipoondi] In that peculiar case that the detenu though was minor, she had married one Kumaresan and left with him for some time and she was 20 weeks pregnant. When the matter was heard by Court, she wanted to stay only with the said Kumaresan, her husband. This Court had accepted her claim to live with her husband and consequently allowed her to go with her husband though she was a minor.