HC directs PGIMER counselling for minor ‘confined’ at Sirsa Dera
The direction came on a habeas corpus petition filed by a Goa resident who alleged that his daughter had been illegally confined by her mother at the controversial sect’s premises.
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The petition contained no specific allegations or prayers against it and sought dismissal.The Punjab and Haryana High Court has ordered counselling of a minor girl caught in a custody dispute between her Goa-based father and mother, amid allegations that the child was being kept at Dera Sacha Sauda’s Sirsa ashram against her will.
The direction came on a habeas corpus petition filed by the minor’s father, who alleged that his daughter had been illegally confined by her mother at the controversial sect’s premises. The plea stated that the ashram is embroiled in several criminal cases and requested the court to ensure the girl’s removal from there while the case was pending.
The father urged that, in the spirit of Section 12 of the Family Courts Act, 1984, the child undergo counselling by a qualified psychologist to assess her emotional state, welfare, and best interests.
He also complained that despite several custody orders in his favour, he never got a chance to interact freely with his daughter. According to him, the sect’s influence denied her an opportunity to make an independent choice.
The sect, however, argued that the petition contained no specific allegations or prayers against it and sought dismissal.
On Monday, Justice Subhas Mehla recorded the girl’s production before the court and directed that a counselling schedule be drawn up by PGIMER, Chandigarh. “The entire expenses of the counselling shall be borne by the petitioner,” the order said.
The Director of PGIMER has been tasked with appointing a counsellor and submitting a report on whether the child can comprehend her well-being and decide if she wants to live with her father or mother. The mother has been ordered to ensure the child’s presence for counselling as per the schedule.
Justice Mehla said: “The Director PGIMER, Chandigarh is directed to assess and take necessary steps in this regard keeping in view the purpose of this exercise only to the extent of determination of the custody matter between the parents.”
The matter will be heard next on September 9.
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