IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 230 of 2009() ------------------------ F.I.R.No.2/09 of J.F.C.M COURT-I, KANNUR PETITIONER(S): --------------- 1. MAJEED.M.V, RESIDING AT 'FATHIMAS', PALLIKKUNNU,CHALAD, KANNUR DIST. 2. FATHIBI,W/O.MAJEED,-DO- -D0- BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE STATION HOUSE OFFICER,KANNUR TOWN POLICE STATION, KANNUR. 2. THE STATE OF KERALA, REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.230 of 2009 ---------------------------------------- Dated this the 16th day of January 2009 O R D E R Petitioners are the parents of a minor girl who will attain majority on 13/2/2009. The parents were allegedly getting ready to fix her marriage. The girl allegedly dissatisfied with the proposed marriage, eloped along with a boy on 01/01/2009. F.I.R was registered under the caption 'man missing' on 02/01/2009. The girl was traced and was produced before the learned Magistrate on 03/01/2009. The girl allegedly refused to go with her parents apprehending that she may be confined and may be given away in marriage contrary to her will. Accordingly, the learned Magistrate proceeded to pass the impugned order which extract below: “Missing girl produced before me at 7.30 p.m. Her statements recorded. She has not attained majority. She is not willing to go with her parents. She apprehends fear of wrongful confinement and stated that she may be given in marriage against her will. So I feel it is necessary to send the girl to Mahila Mandir for custody till she attains majority. Hence girl send to Mahila Mandir.” Crl.M.C.No. 230/09 2 2. The learned counsel for the petitioners submits that it was harsh and unkind to send such a young girl to Mahila Mandir. It is submitted that the petitioners are willing to give any undertaking. They shall undertake that the girl shall not be given away marriage to anyone till she attains majority. They shall abide by any other conditions to ensure that safety and independence of the girl is not intruded into. They shall produce the girl before court on attainment of majority. The court may impose any condition. The anxiety of the petitioners is only to ensure that their minor daughter is not left in the premises of a Mahila Mandir. Appropriate directions may be issued, it is prayed. 3. I am unable to find anything wrong in the learned Magistrate respecting the wishes of the child as I find that the girl has almost attained majority. However I find merit in the submission of the learned counsel for the petitioners that the petitioners may be given a further opportunity in the changed circumstances to apply afresh to modify the order and issue appropriate directions to ensure that the girl is not left in the premises of Mahila Mandir until she attains majority on Crl.M.C.No. 230/09 3 13/2/2009. 4. I am, in these circumstances, satisfied that this petition can be allowed in part permitting the petitioners to apply afresh before the learned Magistrate to modify the impugned order under the changed circumstances. The learned Magistrate shall again ascertain the wishes of the minor child and pass appropriate orders in the interests of justice and in the interests of the welfare of the minor girl. 5. This petition is allowed in part with the above observations. A fresh application to be filed by the petitioner shall be considered by the learned Magistrate on merits and appropriate orders passed. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No. 230/09 4 Crl.M.C.No. 230/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008