Mother Moves Habeas Corpus Plea In Delhi High Court But Refuses To Take Custody Of Minor Daughter Recovered Pregnant

A Division Bench of the Delhi High Court recently disposed of a habeas corpus petition, where the missing girl, a minor, was recovered but her parents/petitioner refused to take custody in view of her pregnancy.

Notably, the petition was filed by the mother of the girl, seeking directions for her production before the court. It was alleged that a boy had lured the daughter away, established physical relations with her and made public certain illicit videos that he had made of her.

The petitioner also averred that an FIR u/s 463 IPC had been registered at her behest, however, the police kept telling her that her daughter was enjoying family life with her husband.

During the proceedings, Standing Counsel for State apprised the court that the accused had been sent to judicial custody and the missing girl had been recovered. He further informed that the said girl was pregnant by 6 weeks.

The Bench, comprising Justices Suresh Kumar Kait and Shalinder Kaur, interacted with the recovered girl, who was present in court. During the interaction, the girl admitted that she was 6 weeks’ pregnant and expressed a willingness to go with her parents.

However, at this stage, her parents refused to take her with them. They explained their refusal by stating that it was not the first time that their daughter had been allured or was carrying pregnancy. On this occasion, they said, they did not wish to take her with them.

Under the circumstances, the court directed for the recovered girl to be taken to a women’s shelter.

Mr. Akshay Raj & Mr. Hunny Sharma, Advocates appeared for petitioner

Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Arya & Mr. Priyam Aggarwal, Advocates appeared for respondent(s)

Case Title: S. v. State of GNCT Delhi & Ors.

Citation: 2023 LiveLaw (Del) 1088

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