Can Parents Be In "Illegal Custody" Of Their Own Minor Daughter? Punjab & Haryana HC To Determine In Same-Sex Partner's Habeas Corpus Plea

"Whether the parents can be said to be in the illegal custody of their own minor daughter," the Punjab and Haryana High Court wondered while hearing the habeas corpus petition filed by a woman claiming that her partner in same-sex relationship was illegally detained by the partner's parents.

As the alleged detenu was a minor as per her school records, single bench of Justice Sandeep Moudgil allowed her parents to take her custody with an assurance, that no harm will be caused.

The matter is now listed on January 23 to consider multiple issues like "Locus standi of the petitioner to file the present petition, the territorial jurisdiction of this Court to seek production of a minor child presently residing at her native place with the parents in the State of Uttar Pradesh and if the alleged detenue is minor, whether the parents can be said to be in the illegal custody of their own minor daughter, despite being biological parents apart from the contents of Whats App Chat showing that the petitioner, (petitioner) has already made an attempt to finish her life by consuming some poisonous substance for which she was hospitalized, is fit enough to seek production of alleged detenue in order to live with her."

Previously, Justice Moudgil's bench had flagged production of two Aadhar Cards in the alleged detenu's name. One of the Aadhar cards was produced by the Petitioner, reflecting alleged detenu to be major and the other was produced by alleged detenu's parents, showing her to minor.

On Monday, the Court opined that, "prima facie an attempt seems to have been made on the part of the petitioner to mislead this Court by producing a wrong date of birth."

It noted that the parents of the alleged detenue presented another Aadhar Card showing the date of birth as 15.06.2007, whereas according to the primary school certificate, it is recorded as 25.08.2007.

State counsel submitted the alleged detenue was in "coercive detention" of the petitioner, who is exploiting her not only physically but on mental account as well and "is also making her to work as a maid."

Considering the submissions, the Court said, "keeping in view all these exceptional circumstances and looking into the sensitivity of the issue involved, this Court cannot shut its eyes to the plight of not only of the parents of (alleged detenue), but is also concerned about the future of alleged detenue."

It further directed the the Deputy Director, UIDAI "to provide the necessary information in a sealed cover alongwith the basis on which the date of birth of the alleged detenue was recorded in both the Aadhar cards."

Case Title: X v State of Haryana & Ors.

Amrita Garg, Advocate for the petitioner.

Baljinder Singh Virk, Sr. DAG Haryana.

Sanjay Jain, Legal Aid Counsel for respondents No.4 & 5.

Varun Issar, Sr. Panel Counsel for UIDAI.