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2014 DIGILAW 649 (JHR)

Court On Its Own Motion v. State of Jharkhand

2014-06-18

R.BANUMATHI, SHREE CHANDRASHEKHAR

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Judgment By the order dated 20th June, 2013, the matter of custody in respect of the minor girl, Kabutar @ Puja Radha Singh was taken suo motu Public Interest Litigation. By the said order, the Court has ordered that the custody of the minor girl be given to the members of the Mahila Sewa Samiti, Kolkata, who accompanied the said girl from Kolkata to Joraphatak (Dhanbad). The Court also directed that said NGO Mahila Sewa Samiti, Kolkata, to provide stay facility for a few days. Subsequently the Court passed orders on 21.6.2013, 8.7.2013, 21.8.2013 and 11.11.2013. On 15.5.2014, when the matter came up before the Court, the Court passed the following order:- “The Court has taken suo motu cognizance in respect of the alleged trafficking of the girl namely Kabutar @ Puja Radha Singh. Earlier the Court has passed number of orders. Pursuant to the orders of this Court, it is stated that the girl Kabutar @ Puja Radha Singh is in a shelter home of Mahila Seva Samity, Kolkata, which is an N.G.O. Since the girl is stated to be aged about 18 years, in order to ascertain willingness of the girl and also to find out her wellbeing in the said Mahila Seva Samity, the matter be listed on 18.06.2014 at 1:00 P.M. in the Chamber. The girl, Kabutar @ Puja Radha Singh be present in the Court on 18.06.2014 and brought to the Court under sufficient security (Mahila Seva Samity, Kolkata).” Today, 18th June, 2014, the girl Kabutar @ Puja Radha Singh was produced before us. She was represented by learned counsel Mr.Indrajit Sinha. The mother of the girl, Saroj Devi Mahato, who filed I.A No.5479/2013, is represented by learned counsel Mr. Vineet Kumar Vashistha. Mr. Sumeet Gadodia, Amicus Curiae is also present. Today, 18th June, 2014, when the matter was taken up, the girl was present. The girl stated that she married Surajit Roy on 19.5.2014. When the matter came up on 15th May, 2014, the alleged proposed marriage was not informed to the Court by the Counsel Mr. Indrajit Sinha, who is appearing for the girl. Today, 18th June, 2014, when the matter was taken up, the girl was present. The girl stated that she married Surajit Roy on 19.5.2014. When the matter came up on 15th May, 2014, the alleged proposed marriage was not informed to the Court by the Counsel Mr. Indrajit Sinha, who is appearing for the girl. Though the girl is stated to be aged about 18 years and by the order of the Court since the minor girl was under the custody of the Mahila Sewa Samiti, Kolkata, we are of the view that suitable order ought to have been obtained from the competent court of law for declaring the girl, Kabutar @ Puja Radha Singh, as major or permission of the Court ought to have been taken for getting the girl married. The conduct of the Mahila Sewa Samiti, Kolkata, in allowing the girl to get married with Surajit Roy without taking permission of the Court or disclosing the same before the Court is to be frowned upon. Since this Court is not the competent court to ascertain the age of the girl, this Court is not approving the alleged marriage of the girl, Kabutar @ Puja Radha Singh, with the boy, Surajit Roy. Since the mother of the girl has filed I.A No.5479/2013 seeking custody of the girl, we direct the mother of the girl to approach the competent court and seek appropriate relief. Unless the competent court declares the girl as major, the girl cannot be permitted to go with her husband with whom she is stated to have married. It is for the mother/other persons to seek appropriate relief from the competent court seeking custody of the girl. Unless and until order declaring the girl as major and also regarding her custody, the girl, Kabutar @ Puja Radha Singh, shall stay in the Mahila Sewa Samiti, Kolkata. As no public interest is involved in this writ petition, this suo motu Public Interest Litigation is closed, giving liberty to the mother/other persons to approach the competent court to seek appropriate relief. The girl, Kabutar @ Puja Radha Singh, shall stay in the Mahila Sewa Samiti, Kolkata, until the competent court passes the order declaring her major and also regarding her custody.