Mumbai: Bombay HC refuses custody of minor girl to parents

The Bombay High Court (HC) bench at Aurangabad recently ordered a Child Welfare Committee (CWC) in Ahmednagar to look after a 17-year-old girl till she attains majority. This decision was made as the girl married against the wish of her parents.

A bench of Justices Vishwas Jadhav and Sandipkumar More noted that there was a serious threat to the life of the girl from her parents.

The bench was hearing a petition filed by Janardan Sawant (name changed), 40, who sought a directive to the Aurangabad Police to search for his minor daughter Vaishali (name changed), who had gone missing in the last week of December 2021.

At a hearing held on January 25, the local police produced the missing girl before the bench. The judges then spoke to the girl who told them that she had married a man of her choice. The girl said she had got married at a Hanuman temple after which the couple had visited some local places. The girl also informed the bench that she did not wish to live with her parents.

The police team investigating the missing case also submitted before the judges that the girl is a minor as per her birth certificate and that she cannot be allowed to live with the alleged husband. The judges sought to know from Vaishali's parents if they would accept the marriage, to which they responded in the negative.

“It appears to us that though the girl has not attained the age of majority, she is reluctant to go to her parental house. Furthermore, we respect the confidential enquiry made by the police, which suggests that there is a danger to the girl's life if she is given in the custody of her parents,” the bench said, adding that it was also not inclined to send her to the observation home.

“Considering the fact that she has not attained the age of majority, we are inclined to send her to the NGO looking after girls,” the bench said in its order.

Accordingly, the bench ordered the CWC to ensure that no one, especially the husband, meets the girl during her stay with the NGO. The bench further ordered the CWC to allow the girl's father and mother to meet her only after she consents to meet them.