A.Ganesh Pandian vs The Superintendent Of Police ,
Decided on:17th July, 2023,
CORAM: Hon’ble Justice M.S Ramesh, Hon’ble Justice M Nirmal Kumar
HCP(MD)No.753 of 2023
Introduction:
The Habeas Corpus Petition (HCP) No.753 of 2023 involves a complex situation surrounding the custody of Ms. Abitha, a 21-year-old woman who went missing and subsequently reappeared under disputed circumstances. The petitioner claims to be her husband and alleges that the second respondent police unlawfully handed her over to her parents. The court, presided over by Justice M.S. Ramesh and Justice M.N. K, examined the case and rendered a crucial decision concerning Ms. Abitha’s custody and future choices.
Factual Background:
Ms. Abitha, born on 01.12.2002, went missing on 18.05.2023, prompting her father, Thiru. Ganesh, to lodge a complaint with the police. She was located by the second respondent police on 26.05.2023. Subsequently, Ms. Abitha informed the authorities that she would reconcile with her parents and continue her studies at Sri Bharathi Arts and Science College. However, it was revealed that she had eloped with the petitioner and married him in Andhra Pradesh on 20.05.2023. The court observed that she wanted to live with her husband and not with her parents.
Court Decision:
After interacting with Ms. Abitha and considering her educational pursuits, the court decided that her custody should be temporarily placed in a government-recognized safety home until she completes her education. The court recognized her as a major and took into account her desire not to return to her parents’ home. It further acknowledged her intention to complete her final year of B.Com. and take her supplemental examination in November 2023. The court reasoned that once her education is complete, she could freely decide whether to reconcile with her parents or remain with her husband.
The court directed the second respondent police to place Ms. Abitha in the “M/s.St.Patrick Isaac Home for the Hope,” located at the Backside of Sirungeri Mutt, Bypass Road, Madurai, immediately or at the latest by 17.07.2023. The petitioner was ordered to bear any expenses involved in her care and custody. It was clarified that the parents of Ms. Abitha and the petitioner would have the right to visit her in the aforementioned home.
Analysis:
The court’s decision in HCP(MD)No.753 of 2023 raises several legal and ethical considerations. Firstly, the court demonstrated sensitivity to Ms. Abitha’s rights as a major adult by respecting her choice to be with her husband. It prioritized her education and allowed her to pursue her studies before making a permanent decision about her future. The court’s focus on her best interests, educational pursuits, and autonomy indicates a balanced approach.
However, questions arise concerning the legality of the marriage, as Ms. Abitha’s parents might argue that she was underage when she married without their consent. The court should have addressed this aspect and possibly considered the implications of a minor marriage in Andhra Pradesh, where the marriage took place.
The decision to place Ms. Abitha in a safety home might be viewed as a deprivation of her personal liberty, especially if she is willing to live with her husband. While the court’s intention was to ensure her education is not disrupted, an alternative approach could have been explored, such as allowing her to live with her husband while attending college.
Furthermore, the order places a financial burden on the petitioner for her care and custody. Although the petitioner is involved in the case, it is crucial to consider his financial ability to bear these expenses.
Conclusion:
In conclusion, HCP(MD)No.753 of 2023 reflects the complexities involved in deciding the custody of a major adult who eloped and got married against her parents’ wishes. While the court attempted to protect Ms. Abitha’s interests and education, some legal and ethical aspects remain open for further examination. The case serves as a reminder of the importance of balancing individual rights, familial considerations, and the role of the judiciary in protecting vulnerable individuals. As the situation evolves, it will be essential to monitor the implementation of the court’s decision and its impact on the parties involved.
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Written by – Shreeya S Shekar
