The Gujarat High Court directed the Children’s Home in Mehsana to take the custody of a 16-year-old girl and to hold her there until she attains the age of majority after she informed the court that she had voluntarily left her home, alleging that her parents were torturing her and coercing her to marry a person against her choice. The bench was hearing a habeas corpus petition filed by the girl’s father, who claimed that his daughter was being illegally confined by others. The High Court had earlier issued a notice to the State to trace and secure the girl and present her before the court. When she was produced, she stated that she would be turning 17 shortly and that she had left her parental home of her own volition because she was being subjected to torture and pressure to enter into a forced marriage. She denied that she had been abducted by the respondents and said she wished either to stay at the respondent’s home or in the Nari Kendra until she turned 18, as both she and the person she wished to marry were minors and intended to wed once they attained marriageable age. The girl also asked the court to allow her to remain where she chose, reflecting her steadfast preference not to return to her parents.
After hearing the submissions, a division bench observed that since the girl, who was on the verge of turning 17, was unwilling to go back with her mother and had clearly articulated her position, the court had no other option but to permit her to stay at the Children’s Home in Mehsana. The bench rejected her request to stay with a person identified as “Kiranbhai”, noting that he was not related to her or a member of her family. The High Court therefore directed that the Children’s Home take custody of the girl until she turns 18, and that the institution shall release her once she has attained majority. The court’s order also noted that the mother was present in court and that an attempt had been made to reconcile the differences between mother and daughter, but despite extended deliberation they were unable to bridge the divide, and the girl was firmly resolved not to go back with her parents. In addition to directing custody, the court permitted the police to get the girl’s statement recorded before a magistrate, as an FIR had been registered based on the father’s complaint related to her disappearance and current circumstances. The High Court then closed the plea after issuing its custody and related directions.
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