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2018 DIGILAW 2326 (MAD)

Thiru. Johan Nayak v. State, Rep. by the Station House Officer, Puducherry

2018-08-01

S.RAMATHILAGAM, S.VIMALA

body2018
ORDER : 1. This Habeas Corpus Petition has been filed by the petitioner/husband and father of the detenus seeking direction for the production of the petitioner's wife, Philomina and their three daughters, namely, (i) Ankita, aged about 12 years; (ii) Geetha, aged about 9 years and (iii) Sangeetha, aged about 6 years and their one son, Pitharo, aged about 3 years. 2. During the course of hearing, an interim order was passed on 21.06.2018, which reads thus:- "(1) The petitioner is the husband of Philomina and the father of (i) Ankita, aged about 12 years, (ii) Geetha, aged about 9 years, (iii) S. Sangeetha, aged about 6 years, (iv) Pitharo, aged 3 years and (v) Summi, aged about 5 years, is the sister-in-laws daughter. The petitioner is a permanent resident of Nadisahi, Jirang Village and Post, Gajapati District, State of Orissa. (2) Ankita, Geetha, Sangeetha and Pitharo and Summi along with their mother, Philomina are now residing at Udhavi Karangal, T.N. Palayam, Puducherry. All the above five children along with their mother, Philomina are present before the Court. The petitioner is also present before the Court. The Chairman and one of the Member of the Child Welfare Committee, Puducherry, viz. Mr. S. Rajendran and Ms. K. Balasundari are present before the Court. (3) It is stated by the child detenues that they are carrying on their studies at present. This Court enquired the petitioner as well as the detenues. After enquiry, this Court is of the considered view that in the interests of the children, they remain in the Home. However, the petitioner submits and assures that he will take good care to protect and maintain his wife and children. (4) Considering the submission made by the petitioner, this Court directs that the wife, Philomina and Pitharo, his son, aged about 3 years shall be released from the Home and they shall accompany the petitioner and stay along with him. (5) Insofar as the other children, viz. Ankita, Geetha, Sangeetha and Summi are concerned, they shall continue to stay in the Home and continue their studies in the respective schools in which they are currently studying. However, the petitioner, along with his wife and his son is permitted to visit the four children, in the home once in a week on every Saturday. (6) This interim arrangement shall continue for a period of four weeks. However, the petitioner, along with his wife and his son is permitted to visit the four children, in the home once in a week on every Saturday. (6) This interim arrangement shall continue for a period of four weeks. List the matter after four weeks." 3. Today, when the case is called, an additional affidavit has been filed by the petitioner herein, in which, it is stated that the school fees for his first daughter, Ankita, at Vasavi International School, Puducherry, has been paid on 02.07.2018 and she is attending the school from Udhavi Karangal Samooga Thodar Kalvi Iyakkal for Girls, T.N. Palayam, Puducherry. 3.1. It is submitted by the learned counsel appearing for the petitioner that the distance between the said Home and the school is too far off and hence, she may be accommodated at St. Francis Assisi Orphanage, Kurusukuppam, Puducherry, which will be helpful for her to continue the studies without any hindrance. It is also stated that the said St. Francis Assisi Orphanage, Kurusukuppam, Puducherry, is situated within the radius of 500 mts from the school and therefore, that would help her to continue the studies without any break. 4. So far as the other two daughters, Geetha and Sangeetha are concerned, it is submitted by the learned counsel appearing for the petitioner that both of them studied at New Modern Vidhya Mandir School, Muthialpet, Puducherry; the said school is located within the radius of 500 mts from St. Francis Assisi Orphanage, Kurusukuppam, Puducherry, and therefore, it is submitted that both of them should be shifted from Udhavi Karangal Samooga Thodar Kalvi Iyakkal for Girls, T.N. Palayam, Puducherry to St. Francis Assisi Orphanage, Kurusukuppam, Puducherry; in that case, the shifting will help the elder sister, Ankita, to take care of her other two younger sisters, Geetha and Sangeetha. 5. So far as the accommodation of the children is concerned, it is submitted by the learned counsel appearing for the petitioner that St. Francis Assisi Orphanage, Kurusukuppam, Puducherry, has No Objection to accommodate the children, Geetha and Sangeetha, along with their elder sister, Ankita. 6. So far as the school in which the two daughters, Geetha and Sangeetha are studying, Transfer Certificates have been already issued by New Modern Vidhya Mandir School, Muthialpet, Puducherry, on account of the Habeas Corpus Petition that is filed before this Court. 6. So far as the school in which the two daughters, Geetha and Sangeetha are studying, Transfer Certificates have been already issued by New Modern Vidhya Mandir School, Muthialpet, Puducherry, on account of the Habeas Corpus Petition that is filed before this Court. Now, it is stated by the learned counsel appearing for the petitioner that as the problem is settled between the parties, the children must continue the education/re-join the same school, i.e. New Modern Vidhya Mandir School, Muthialpet, Puducherry. 7. Considering the fact that the Right to Education is a fundamental right and for no fault of the children, they have suffered discontinuance in New Modern Vidhya Mandir School, Muthialpet, Puducherry and in fitness of things, we trust and hope that New Modern Vidhya Mandir School, Muthialpet, Puducherry, will re-admit the said two children (Geetha and Sangeetha) in the same school in order to facilitate the continuance of the education of the said children. 8. The fact that St. Francis Assisi Orphanage, Kurusukuppam, Puducherry, has given an undertaking to admit all the three children in its Home is recorded. 9. Since no relief is asked for with reference to the Ward, Summi, she would continue to be in the custody of Udhavi Karangal Samooga Thodar Kalvi Iyakkal for Girls, T.N. Palayam, Puducherry in which she was originally residing as Inmate. 10. Recording the above, this Habeas Corpus Petition is closed.