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2018 DIGILAW 628 (HP)

Miss K v. State Of Himachal Pradesh

2018-04-12

CHANDER BHUSAN BAROWALIA, TARLOK SINGH CHAUHAN

body2018
JUDGMENT Tarlok Singh Chauhan, J —The petitioner is minor and taking into consideration the nature of the case her name cannot be disclosed and, therefore, the Registry is directed to register this petition as Miss ''K'' vs. State of Himachal Pradesh and others. The facts of this case are rather unusual. 2. The petitioner, a minor, born on 10.05.2001 came in the contact of one boy ''L'' son of ''R'' through Facebook. They developed a liking for each other and the petitioner disclosed her intention to marry ''L'' to her parents but her parents did not agree despite the petitioner having made repeated requests. 3. On 02.10.2017, the petitioner claims to have got married to ''L'' at Durga Temple, Changar Sector, District Bilaspur, H.P. and has annexed certain photographs in support of such contention. Nonetheless, the fact remains that not only the petitioner is a minor but her parents have also got lodged case against ''L'' at police station Sahibabad, District Gaziabad, U.P. under Sections 363, 366, 376 of the IPC and Sections 3 and 4 of the Protection of Children against Sexual Offence Act, pursuant to which, ''L'' was arrested on 17.10.2017. 4. Not only this, the police took the petitioner and handed her to her parents, but she thereafter came back to the house of ''L'' and is currently residing with his parents. 5. It is in this background, the petitioner through her brother has filed the instant petition for grant of the following reliefs:- (I) That the parents of the petitioner and the police may kindly be restrained from harassing the petitioner and her husband in any way. (ii) That the petitioner may kindly be allowed to live with her husband in her in-law''s house. (iii) That respondents No. 1 to 3 may kindly be directed to provide police protection to the petitioner. 6. On 16.12.2017, this Court directed the State to file status report and in compliance thereto, Deputy Superintendent of Police, Bilaspur submitted the status report, wherein it was clearly stated that Miss ''K'' is residing in the house of the ''L''s father and is being treated well by them and his family members like their own daughter, and on such basis, for the time being, the custody of Miss ''K'' was entrusted to Ramesh Chand father of ''L'' . 7. 7. We further directed that no person or authority shall remove Miss ''K'' from such custody without the leave of this Court. 8. Noticeably, the father of Miss ''K'', despite being served in this case, has not chosen to put in appearance. 9. The custody of the minor still continues to be with the father of ''L''. 10. The question is whether we should continue to entrust the custody of the minor to an individual. The Court in such like cases exercise parens-patriae jurisdiction and steps in to secure the welfare of the minor. 11. As observed earlier, the petitioner is a minor and will attain majority on 10.05.2019. It is more than settled that in case of minor children the first and paramount consideration is the welfare of the minor, especially, when natural parents, who though alive, have refused to accept her. 12. Even though, it cannot be ignored that father of ''L'' has kept the petitioner like his own daughter as is evident from the status report filed before this Court. Yet, the custody of the child cannot be given to the father of ''L'', who as on date, has virtually no relation with the petitioner, save and except, he may, if everything goes well with the parties, eventually may become her father-in-law. 13. Therefore, in the given circumstances, we are of the considered opinion that it would be in the interest and welfare of the minor, in case, she is sent to Balika Ashram, Tutikandi, Shimla, where she will not only enjoy the company of the girls of same age group and would also be in a position to pursue her study further. Even, the counsel for the petitioner has no objection to the said proposal and assures the Court that the petitioner will report the said Ashram within one week from today. 14. Accordingly, the writ petition is disposed of with the direction to the petitioner to report and join at Balika Ashram, Tutikandi, Shimla, on or before 19.04.2018. The petitioner shall remain in Balika Ashram, Tutikandi, Shimla till the time she does not attain the majority i.e. 10.05.2019 and after attaining majority she will free to go anywhere, marry anyone and love with anyone she likes, in terms of the judgment laid down by the Hon''ble Supreme Court in Lata Singh vs. State of U.P. and another , (2006) 5 SCC 475 . However, till such time no person or authority will have any right whatsoever to take her from the Balika Ashram without the express permission of this Court.