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2018 Supreme(Mad) 1403
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. VIMALA, T. KRISHNAVALLI, JJ.
M. Meena & Anr. - Petitioners
Vs.
The Superintendent of Police, Thoothukudi & Ors. - Respondents
H.C.P. (MD) Nos. 1110 & 1122 of 2017
Decided On : 28-03-2018
Advocate Appeared:
For the Petitioner: Mr. V. Nirmal Kumar
For the Respondents: Mr. K. Dinesh Babu
Headnote:
POCSO Act, 2012, - Sections 366(A) and Sections 5(j)(ii) -J.J. Act, 2015 -Section 2(16) , 38 , 2(14) and 35 - Child Marriage Restraint Act – Adoption - Seeking restoration of custody of her ten months old baby - Respondents has produced through respondent police - It is submitted by State that both Revathi, who is aged about 16 years and [detenu in who is aged about 23 years, fell in love with each other and subsequently eloped with - It is further submitted that on account of their close associations became pregnant and begot a male child - At present, 8 months old baby is under due care with Child Welfare Committee - Paramount welfare of child is prime consideration for this Court to decide further course of action to be taken in respect of child, born to both detenus - Therefore, /accused in Crime No.1 of is directed to be produced before this Court - In meanwhile, Registry is directed to call for a report from Child Welfare Committee (address furnished above), where child is kept regarding the welfare growth and status of the child and report be placed before this Court - Parents are also present in this Court – Held, foregoing discussions and observations surrender deed executed by mother/detenu in H.C.P.(MD) No. stands cancelled and custody of child by name is hereby ordered to be entrusted to mother/detenu in H.C.P.(MD) No - Accordingly, M/s. , Co-ordinator and Sr. Clara Mary, Nurse, working in Social Service Society, Saranalayam (No.89, South Balabackia Nagar, Tirunelveli-627 001) who have brought child to Cour have duly handed over child along with childs medical records to mother of child namely detenu in HCP(MD) No - Court are in agreement with statement that a picture is worth 1,000 words - Idea that a picture can convey what might take many words to express was voiced by a character in novel, Fathers and Sons, 186 -Whether statement made is true or not is immaterial and this picture has been used only to highlight the importance of relationship between biological mother and the child - This picture is incorporated in judgment itself in order to imprint an indelible impression in minds of authorities who are in-charge of counselling the mother, when mother comes to surrender a child and those who are in-charge of explaining implication of surrender and termination of parental rights on the expiry
S. Vimala, J.
“To part a woman from her child in a violent manner is a most dangerous step to take. It will so unstabilize her that she may emerge from the shattering experience as an entirely different personality.” (Ellison)
2. Though the case originated with a prayer by the mother to get back her child, aged 15, ultimately, the case ended in the child aged 15 seeking restoration of custody of her ten month's old baby.
3. Adoption can be a most beautiful solution not only for childless couples and single people, but also for homeless children. It enables a parent-child relationship to be established between persons not biologically related. When a biological mother, who had been under compulsive circumstances to part with the child without knowing the implication of surrender is made to lose the child, what would be the consequence is explained in the above quotation.
4. H.C.P(MD) No.1110 of 2017 has been filed by mother, seeking direction to the respondents to produce her daughter/detenu, namely, Revathi (name changed), D/o.Marimuthu, aged about 15, before this Court and hand over her custody to the petitioner.
4.1. Similarly, H.C.P(MD) No.1122 of 2017 has been filed by father, seeking direction to the 2nd respondent to produce his son/detenu, namely, P.Balamurugan, S/o. Paramasivan, aged about 25, before this Court and set him at liberty.
5. At the time of production of the detenu, Revathi, on 07.03.2018, this Court had passed the following order:-
“3. For the sake of brevity, the detenus are referred to by their name.
4. The learned Additional Public Prosecutor for the respondents has produced Revathi [detenu in HCP(MD) No.1110 of 2017] through respondent police. It is submitted by the State that both Revathi, who is aged about 16 years and Balamurugan [detenu in HCP(MD) No.1122 of 2017], who is aged about 23 years, fell in love with each other and subsequently, Balamurugan eloped with Revathi. It is further submitted that on account of their close associations, Revathi became pregnant and begot a male child. At present, the 8 months old baby is under due care with the Child Welfare Committee, (176, Mani Nagar (Opp. Rajaji Park), Thoothukudi). Balamurugan has already been arrested in respect of the offence, in Crime No.1 of 2018, under Sections 366(A) and Sections 5(j)(ii) r/w 6 of POCSO Act, 2012, and pursuant to which, he was remanded to judicial custody on 05.03.2018 itself and lodged at the District Jail, Perurani, Thoothukudi.
5. The parents of both Revathi and Balamurugan are present before this Court, who have assured this Court that they are ready to arrange the marriage of detenus after Revathi attaining majority.
6. The paramount welfare of the child is the prime consideration for this Court to decide the further course of action to be taken in respect of the child, born to both the detenus. Therefore, Balamurugan/accused in Crime No.1 of 2018 is directed to be produced before this Court on 13.03.2018. In the meanwhile, Registry is directed to call for a report from the Child Welfare Committee (address furnished above), where the child is kept, regarding the welfare, growth and status of the child and the report be placed before this Court on 13.03.2018.
List these matters on 13.03.2018 for hearing.”
5.1. On 13.03.2018, the following order had been passed:-
“..... 4. The detenu in HCP(MD) No.1110 of 2017 is present before this Court along with her parents and Balamurugan/detenu in HCP(MD) No.1122 of 2017, who is in custody at the District Jail, Perurani, Thoothukudi has been produced by the respondent Police. The parents of Balamurugan are also present in this Court. On enquiry with the detenus, it is found that the accused/detenu in HCP(MD) No.1122 of 2017 is in custody; that the woman detenu in HCP(MD) No.1110 of 2017 is in the custody of home attached to the Child Welfare Committee and the child is in the custody of the Specialized Adoption Agency, namely, Tirunelveli Social Service Society, Saranalayam Adoption Ce
