Chennai: The Madras high court on Thursday witnessed a peculiar but pathetic case, in which a girl, who was allegedly kidnapped and married by her own cousin brother, falling within the meaning of “Sapinda relationship” as per Hindu law, informing the court she is willing to live with her husband as she is a major as on date and would deliver a baby shortly. After the girl’s wedding, her brother studying VIII standard committed suicide unable to digest the episode.
Recording her statement and passing orders on a habeas corpus petition filed by the father of the girl, a visibly upset but controlling his emotional feelings, Justice S.Nagamuthu heading a Division Bench said, “We cannot compel the detenue to return to her parental home as she wants to go back with her husband.
Therefore, we set her at liberty to choose her own way of life as she is a major as on date having freedom to decide about her future”. The matter relates to a family living in Krishnagiri district. The petitioner’s brother’s son had allegedly kidnapped his daughter and married her when she was a minor. Immediately, the petitioner lodged a complaint with the local police on November 18, 2015. In the meanwhile, unable to digest the incident, the girl’s brother, studying VIII standard committed suicide. Since no effective steps were taken to trace the girl by police, the petitioner filed the present petition to produce his daughter before the court and set her at liberty.
When the case came up for hearing on April 29 , the police could not produce the girl as they were not able to secure her. However, they were able to produce her only on July 28.
Asking the girl to come near their dais and after making enquiries with her, the Bench noticed that the girl was aware about the blood relationship between her and her husband and she had married him at a temple in Palani on January 15, 2016 and she was going to give birth to a child shortly.
The Bench also said she was willing to live with her husband but as on date, he was arrested and remanded to judicial custody in connection with the present case. The police officer, who was present in the court, informed the court that he will alter the case to the one under provisions of Protection of Children from Sexual Offences Act.
Pulling up the police, the Bench comprising Justices Nagamuthu and V.Bharathidasan said, “You will not take action immediately and allow people to become major in the meantime and then produce them before the court. Leave about all this, if you had taken action immediately, one precious life could have been saved”.
The Bench directed police to handover her to government aided Nambikai Natchathiram Home since “her husband is in jail and until he is released from prison”.
After making enquiries with the parents of the girl, especially her mother, who was continuously weeping in the open court, the bench said, “It is an unfortunate case. We are of the view that in the instant case, not only the detenue is the victim, the petitioner as well because they have suffered the loss of their son, which is the result of the above crime and suffered injury.
“In such view of the matter, we hold that the petitioners are entitled for compensation under the Tamil Nadu Victim Compensation Scheme. The Superintendent of police is directed to pay Rs 50,000 to the parents of the detenue from the TNVCS within two weeks”.
When the parents of the detenue informed the court they were facing threat to their lives from the other side family members, the Bench directed the police to ensure safety and security of the parents and their family members.
“We also make it clear that if the threat to their lives continues and if they feel that sufficient security is not ensured by the police, they are at liberty to knock at the doors of this court straight away and stand before us seeking justice”, the Bench added and posted the matter after two weeks for reporting compliance.
