The Gujarat High Court directed the Children’s Home, Mehsana to take custody of a 16-year-old girl until she attains majority. The minor told the Court she had left her parental home voluntarily. She alleged that her parents tortured her and pressured her to marry a person against her choice.
Habeas Corpus Plea By Father
The Court heard a habeas corpus petition filed by the girl’s father. He claimed the respondents had illegally confined his daughter. Earlier, the High Court issued notice to the State. It also directed the State to “trace and secure the corpus” and produce her before the Court.
Minor’s Statement Before The Court
When the girl appeared before the Court, she said she would turn 17 in two days. She repeated that she left home on her own because her parents were forcing her to marry someone she did not want to marry. She also stated that the respondent persons had not abducted her.
The girl told the Court that she wanted to marry respondent No. 4. She added that both she and the respondent are minors. She said they would marry only after they attain the marriageable age. She requested permission to stay either at the respondent’s home or at the Nari Kendra until she turned 18.
Court Orders Stay At Children’s Home
A Division Bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas noted that the corpus refused to join her mother. The Bench said it therefore had no option but to permit her to stay at the Children Home, Mehsana.
The Court rejected the minor’s request to stay with “Kiranbhai”. It noted that Kiranbhai was not related to the corpus or her family. The Bench directed the Children Home, Mehsana to keep custody of the girl until she turns 18. It also directed the Home to release her after she turns 18.
Mother-Daughter Interaction, No Reconciliation
The order records that the mother of the corpus appeared before the Court. The Court allowed the mother and the daughter to interact. However, despite a long discussion, they could not reconcile. The Bench noted that the corpus remained firm. She refused to return to her parents.
Statement Before Magistrate Allowed
The High Court permitted the police to record the minor’s statement before the Magistrate. An FIR had been registered based on the complaint lodged by the father.
The Court disposed of the habeas corpus petition.
Case Title: Bhang Anilbhai Govabhai vs State of Gujarat
Counsel for the Applicant: Advocates J.G. Thakor and Shivam Joshi
Counsel for the Respondents: Advocates P.P. Majmudar and Mushirali Saiyed
Counsel for the State: APP Monali Bhatt
