Habeas Corpus Petition Concludes with Court's Directive on Minor's Custody Amidst Family Dispute
In a significant ruling, the Gujarat High Court has directed that a minor girl, Nidhi Anilbhai Bhangi, be placed in the Children Home, Mehsana, until she attains the age of majority. The decision came after a habeas corpus petition was filed by her father, Bhang Anilbhai Govabhai, alleging illegal confinement of his daughter by several respondents.
The court, presided over by Justices N.S. Sanjay Gowda and D.M. Vyas, heard the case where the minor girl expressed her desire to not return to her parental home due to alleged coercion by her parents to marry against her wishes. Nidhi stated that she left her home voluntarily and intended to marry a person of her choice, Kaishik, upon reaching the legal age for marriage.
Despite attempts at reconciliation between Nidhi and her mother, the court noted irreconcilable differences. Consequently, the court concluded that it was in the best interest of the minor to reside at a state-managed facility rather than with unrelated individuals, as she had requested.
Additionally, the court allowed the police to record the minor's statement before a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following an FIR lodged by the girl's father.
The judgment highlights the court's careful consideration of the minor’s welfare amidst familial discord, while also adhering to legal protocols for handling such sensitive cases.
Bottom Line:
Habeas corpus petition - Minor girl alleged to be illegally confined - Girl's statement that she left home voluntarily due to parental pressure for marriage - Court directs the minor girl to be placed in Children Home until she attains majority.
Statutory provision(s): Habeas Corpus, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 183
Bhangi Anilbhai Govabhai v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2856819
