R. Basant, J.@mdashThe petitioner has come to this Court for issue of a writ of habeas corpus to search for, trace and produce his minor
daughter Fathima, aged 16 years (date of birth: 25/3/1994). She has already passed the S.S.L.C. examination. She was found missing from
06/05/2010. Crime was registered on 07/05/2010 and the petitioner had come before this Court on 18/5/2010 as his minor daughter was not
traced by them. It was the apprehension of the petitioner that the 3rd respondent, a young autorickshaw driver aged 22 years, in collusion with his
parents, respondents 4 and 5, is illegally detaining and confining the alleged detenue.
2. This petition was admitted on 18/5/2010. The matter came up on 24/5/2010. The alleged detenue was not produced. Accordingly, the case
was posted to this date.
3. Today when the case is called, the petitioner and his wife are present. The petitioner is represented by his Counsel. The alleged detenue,
Fathima has come to court along with her parents. Respondents 4 and 5 are represented by their counsel.
4. The learned Government Pleader submits that the alleged detenue, along with the 3rd respondent, was traced on 26/5/2010 from Salem. The
alleged detenue was produced before the learned Magistrate. She, being a minor and as agreed by her, the learned Magistrate had allowed the
alleged detenue to go with her parents. It is accordingly that the alleged detenue has today appeared in court along with her parents.
5. We interacted with the alleged detenue alone initially and later in the presence of her parents. She is a minor and we note that the alleged
detenue is now willing to return along with her parents, with whom she has come to court. She states that she will, at the moment, return with her
parents. The question of her marriage shall be decided after she attains the age of 18 years. The petitioner and his wife submit and undertake
before this Court that until the alleged detenue attains the age of 18 years, she shall not be given away in marriage and after she attains the age of
18 years, she shall be given in marriage only with her consent. These submissions and undertakings are recorded.
6. The learned Counsel for respondents 4 and 5 submit that the son of respondents 4 and 5, the 3rd respondent, a young person aged 22 years, is
now in custody. The learned Counsel prays that it may be ensured that the 3rd respondent is not vexed, harassed and detained unnecessarily. The
learned Government Pleader submits that action has been taken against the 3rd respondent in accordance with law. The police are satisfied that
there has been no sexual intercourse between the alleged detenue and the 3rd respondent and that the needful shall, in these circumstances, be
done in connection with the crime that has been registered, submits the learned Government Pleader.
7. This writ petition is, in these circumstances, allowed. The alleged detenue is permitted to leave the court along with her parents, as desired by
her. We repeat that we have specifically recorded and accepted the undertaking of the petitioner and his wife that the alleged detenue shall not be
given away in marriage till she attains the age of 18 years and that thereafter she shall be given away in marriage only with the consent of the alleged
detenue.
