‘Will marry man of my choice on turning 18’: minor girl to Gujarat High Court, refuses to return to parents
The Gujarat High Court was hearing a habeas corpus petition filed by the girl's father, who contended that she had been illegally confined by six respondents, including the man she "wants to marry".
The Gujarat High Court Monday directed a children’s home in the state to take custody of a 16-year-old girl, who refused to return to her parents, saying they were against her relationship with a boy of her choice, although the two were willing to wait to “attain marriageable age”.
A Division Bench of Justice N S Sanjay Gowda and Justice D M Vyas was hearing a habeas corpus petition filed by the girl’s father, who contended that she had been illegally confined by six respondents, including the man she “wants to marry”.
Earlier, the court directed the state government to “secure the corpus (girl),” who was produced before the bench on Monday.
In its oral order, the court noted that the girl refused to return home and instead sought to be sent to a Nari Kendra until she turns 18. “The corpus states that she will be turning 17 in two days’ time and that she had voluntarily left the house since she was being tortured by her parents to get married to a person with whom she was not inclined to get married. She submits that the (six respondents) had not abducted her,” the order states.
“She, in fact, states that she wants to get married (one of the respondents), and since she is 17, she would wait for a year until she attains marriageable age. She also states that (the youth) are not yet of marriageable age and that both of them will marry after they attain marriageable age,” the order said.
The court noted that it had given the girl and her mother, who was present in court, time to interact and attempt reconciliation. However, they were unable to resolve their differences. The court observed that the girl remained firm in her decision not to return with her parents.
The court declined the girl’s request to stay with one of the petition’s respondents, stating that “(he) is not in any way related to the corpus or her family.”
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Allowing her to stay at the children’s home, the court order stated, “Since the corpus, who will turn 17 in two days’ time, is unwilling to join her mother, we have no other option but to permit her to stay at the Children’s Home… The children’s home shall release her after she turns 18.”
The court order also directed the police to take the girl to record a statement before a magistrate under sections of the Bhartiya Nagrik Suraksha Sanhita (BNSS), since an FIR had been registered in the case on the complaint of the girl’s father. The habeas corpus petition of the father was accordingly disposed of.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
