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The bench said this is a very unfortunate case in which the deteneu has been abducted by Anburaj.


Madras High Court

Chennai: The Madras high court has directed the Dean, Coimbatore Medical College and Hospital, Coimbatore to constitute a team of Doctors and thereafter take a decision on the termination of the pregnancy of a minor girl at the earliest.

A division bench comprising Justices M.M.Sundresh and RMT.Teekaa Raman gave the directive while disposing of a Habeas Corpus Petition from the father of the minor girl, which sought to produce the body and person of his minor daughter aged 14 years before the court, who is in the custody of Anburaj (name changed) in Erode district and hand over to him.

The bench said this is a very unfortunate case in which the deteneu has been abducted by Anburaj. Though Anburaj has been arrested, the detenue is in the family way. It is stated that already the detenue is carrying five months baby. “Thus, we are not in a position to decide as to whether the pregnancy can be terminated or not. However, the petitioner has informed that he is willing to take the detenue with him”, the bench added.

The bench said the petitioner hails from the State of Assam. He neither knows the local language nor English. He appears to be an illiterate, having no means. “In such view of the matter, while permitting the detenue to go along with the petitioner, we direct the Dean, Coimbatore Medical College and Hospital, Coimbatore to constitute a team of Doctors and thereafter take a decision on the termination of the pregnancy. If a decision is taken to terminate the pregnancy, the same will have to be done immediately. The detenue will have to be given all medical facilities including adequate nourishment”, the bench added.

The bench also directed the District Legal Services Authority, Coimbatore to interact with the petitioner and the detenue and give all assistance including financial assistance, if so required. “We also direct District Legal Services Authority, Coimbatore to depute a para-legal volunteer under the North-Eastern Province Scheme to render all necessary assistance including medical and other expenses”, the bench added.


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