(Order of the Court was delivered by S.NAGAMUTHU. J. ) The petitioner is the father of the minor detenue Miss.R.Vinitha. Her date of birth is 04.06.2000. Thus, the minor detenue is a child in terms of the Protection of Children from Sexual Offences Act, 2012. According to the petitioner, the minor detenue was found missing from 07.10.2016 onwards. According to the petitioner, the 3rd respondent had kidnapped her. On a complaint made by the petitioner, a case was registered in Crime No.433 of 2016 for offence under Section 363 of IPC on the file of the Sholinghur Police Station. Since the minor detenue was not secured, the petitioner has come up with the present petition.
2. Today, when the matter was taken up, the minor detenue was produced by the 2nd respondent. She told us that the 3rd respondent took her on 07.10.2016 and married her on the same day and from then onwards, she is living with him as his wife. She would further state that the 3rd respondent had sexual intercourse with her.
3. The 2nd respondent would submit that now the case has been altered into one under the provision of The Protection of Children from Sexual Offences Act, 2012 and the 3rd respondent has been arrested and remanded to judicial custody.
4. The petitioner and his wife are present. They would submit that they would take care of the minor detenue. The detenue is also willing to go and live with her parents. The said statement is recorded.
5. In view of the above, we permit the petitioner to take the minor detenue into his custody for three days. Thereafter, the 2nd respondent shall produce the minor detenue before the Special Court constituted under The Protection of Children from Sexual Offences Act, 2012 and the Special Court shall, in turn, pass further orders regarding the custody of the minor detenue in accordance with law. This Habeas Corpus Petition is disposed of accordingly.
kmk (S.N., J.) (A.S.M.,J.) 03..04..2017 Note: Issue order copy on 04.04.2017.
S.NAGAMUTHU.J., AND DR.ANITA SUMANTH.J., kmk H.C.P.No.2226 of 2016 03..04..2017