IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.03.2008 Coram The Honourable Mr.Justice D.MURUGESAN and The Honourable Mr.Justice V. PERIYA KARUPPIAH H.C.P.No. 318 of 2008 A.Jayarani W/o.late Arputham l .....Petitioner -Vs- 1.State of Tamil Nadu, rep. by the Commissioner of Police, Greater Chennai, Office of the Commissioner of Chennai, Egmore, Chennai 600 008. 2.Mr.Joycy W/o.Sheela No.16, Peelamedu Main Road, Suripalayam, Coimbatore 3.Mr.Sheela No.16, Peelamedu Main Road, Suripalayam, Coimbatore. 4.Mr.D.Johnson, S/o.D.Sebastian, No.9/3 Ashoka Avenue, Kodambakkam, Chennai600 024. ...Respondents Petition filed under Article 226 of The Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 to 4 to produce the person or body of the detenue by name minor Benita Clio, D/o.Arul Arputham, female, aged 12 years before this court and set her at liberty https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.Senthil Nathan and A.Jasline For first respondent : Mr.M.Babu Muthumeeran, Addl. Public Prosecutor For fourth respondent : Appeared in person. O R D E R (ORDER OF THE COURT WAS MADE BY D.MURUGESAN, J.) This petition is filed by the paternal grand mother seeking for direction to the respondents 1 to 4 to produce her grand daughter,the minor detenue by name the detenue by name minor Benita Clio, D/o.Arul Arputham, female, aged 12 years before this court and set her at liberty. 2. Much to the expectation of the child, the attitude of the mother has made the life of the detenue by name, minor Benita Clio miserable. 3. The said detenue-minor Benita Clio is the daughter of one late Arul Arputham and the second respondent Mrs.Joycy. The said Arul Arputham is the son of the petitioner. He married the second respondent in the year 1992 and out of the said wedlock, they were blessed with two children and the first child being male, now aged about 14 years and the second child is the detenue, now aged 12 years. The father of the detenue died on 16.03.1997. After the demise, it averred that the second respondent had developed intimacy with the third respondent by name Mr.Sheela and both of them are started living together. The detenue had an occasion to see them at a close proximity and thereafter she was mentally affected and was forced to seek asylum in a convent run by Sister, Dona, in a place called Sungam near Puliangulam. As the detenue was doing her schooling in Coimbatore and in view of the illicit relationship developed by her mother, the second respondent with the third respondent, the detenue was taken into the custody by the fourth respondent, who is none other than her maternal uncle. He admitted her in Church Park Convent at Chennai. In the mean time, the petitioner, who is the paternal grand mother, lodged a complaint to the Commissioner of Police, Chennai on 02.12.2007 alleging that whereabouts of her grand daughter, the detenue are not known and she may be under the illegal custody of the respondents 2 to 4. Thereafter, she has approached this court by way of the present Habeas Corpus Petition. 4. Pursuant to the directions of this court, today, the detenue girl is produced before this court. https://hcservices.ecourts.gov.in/hcservices/ 5. We have heard both Mr.S.Senthil Nathan, learned counsel appearing for the petitioner and Mr.M.Babu Muthu Meeran, learned Additional Public Prosecutor. 6. We enquired the detenue girl. On enquiry by the court, she stated that she did not like to stay with her mother, as her mother is presently living with the third respondent and she happened to see her mother in a compromising position with him in the house. Hence, she wanted to go only with her grand mother viz., the petitioner. However, she stated that as she is taking her V- standard examinations and will be completing the examinations on 04.04.2008, she will join with her grand mother, the petitioner on 05.04.2008. When we specifically enquired the girl, she has expressed her unwillingness to go and join with her mother. She also stated that she is not in illegal custody of the fourth respondent. She further stated that the fourth respondent being her maternal uncle, has taken her in custody only considering her education, as she is presently doing her V-Standard in Church Park Convent, here at Chennai. 7. We have also heard Mr.D.Johnson, the maternal uncle of the minor detenue who is present in the court. He has submitted that the girl is in his custody and she is studying in Church Park Convent and the petitioner who is the paternal grand mother of the detenue is staying in Coimbatore and the detenue is not willing to continue her education in Coimbatore at the relevant point of time as her mother is also living in Coimbatore along with the third respondent which is not liked by the detenue. The fourth respondent, however, stated that that on completion of the on going examinations, he will ensure that the custody of the girl will safely be handed over to the petitioner on 05.04.2008. 8. We have carefully considered the statement of the detenue child, aged hardly 10 years. While she was undergoing her preliminary studies in a renowned School at Coimbatore, even at her tender age, she could recognise the conduct of her mother is, undesirable and she was mentally upset so as to take a decision to leave the house only to take an asylum in a convent at Sungam. The Brilliancy of the child is not matchable, as she could secure the admission in Church Park Convent, one of the renowned educational instituions in the city of Chennai. The plight of the child not only in leaving her house, but also her earlier school is of great concern. It did not stop with that, as she had also been dragged to attend the court to answer the petition, that too on the date when she had to take her examination. By the attitude of the mother, her life has been made miserable. 9. The plight of the child in question makes us to refer to the responsibilities of not only the parents, but also the family members and others, who are entrusted with the job of shaping the child. Neither indisciplined parents, nor such family members can raise a child with discipline. The parents have to behave responsively and even most responsibly, as the children derive their utmost inspiration only from the parents. The Children tend https://hcservices.ecourts.gov.in/hcservices/ to decide things as their parents may decide, as the parents are the people who render continuous support to the children and the children are constant witnesses to the acts of the parents. The toughest job for parents, nevertheless an enjoyable job is, the grooming of children. It requires lot of patience, attention, right attitude, tendency to accept the things as it comes to enjoy as a child, with a child. Many times parents have to sacrifice their own interest for the sake of the child. Every child is unique and every child is different. The parents are required to understand that every child cannot be groomed in the same manner. Unless, the needs of the child are understood in taking them in right path in a conditioned environment, with proper guidance, patient watching, educating with right morals, it would be beyond our expectation to bring a good and healthy child. 10. A home influenced with happy atmosphere plays a very important role in shaping the life of every child. Influence of a happy home where the children are brought up under the affectionate care and guidance of their parents and other relations, all concerned with the welfare of the children, no doubt, enables the children to lead a normal healthy life and materially contribute to their life. In a happy home the children are free from any kind of unhappy tension and psychological strain and they grow up in a health environment where their interests and welfare are properly looked after by their parents. 11. In " The Crescent Moon " Rabindranath Tagore said, " I do not love him because he is good, but because he is my little child." 12. Generally, the children are subjected to both physical and mental torture due to poverty as well as lack of education. However, when the children are let down by the near and dears themselves in view of their undesired conducts, the mental torture would be beyond comprehensible. A child's mental health is an important if more, than the child's physical health. The girl child, the detenue in question has been put to such a mental harassment, in view of the conduct of her mother as narrated by her before this court. Those who are responsible for the plight of the child, the detenue girl, must not forget that there are not just seven wonders of the world in the eyes of the child as they are seven millions. It pained us to see the suffering and trauma that young Benita Clio has been put through. This Court has to bear in mind only her interest as supreme. As we have spoken to her and ascertained her views. We are totally satisfied that she understands what is best for her and that she knows what she wants and what she does not want. 13. As we have satisfied that the child is not in illegal custody of the fourth respondent and she was forced and chased from Coimbatore to Chennai only to join with her maternal uncle and she is even matured to take a decision, that after completing her examination on 04.04.2008, she will join with her paternal grand mother, the petitioner, we direct the fourth respondent to hand https://hcservices.ecourts.gov.in/hcservices/ over the child to the petitioner on 05.04.2008 and report the same to the Inspector of Police, Ukkadam Police Station. As the fourth respondent has expressed his apprehension that if the girl is sent to Coimbatore, the second and third respondents may harass her, we direct that in case, any complaint is received either from the fourth respondent or the petitioner as to any such harassment of the detenue girl at the hands of either second respondent or third respondent, the same shall be dealt in accordance with law. With the above directions, this Habeas Corpus Petition is allowed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kmk To 1.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Chennai, Egmore, Chennai 600 008. 2.Mr.D.Johnson, S/o.D.Sebastian, No.9/3 Ashoka Avenue, Kodambakkam, Chennai600 024. 3.The Inspector of Police, Ukkadam Police Station, 4.The Public Prosecutor, High Court, Madras. + 1 CC to Mr. S.Senthilnathan Advocate SR NO.16297 H.C.P.No.318 of 2008 NG(CO) JJM(31.03.08) https://hcservices.ecourts.gov.in/hcservices/