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A Division bench of Justices Sunil Dutt Yadav and S. Rachaiah gave the judgement while looking into the habeas corpus petition filed by the girl’s mother on Friday.
The 17-and-a-half-year old girl had gone to her relative’s residence in Goa allegedly after being forced by her parents to get married.
After the girl “went missing”, her mother had filed a habeas corpus petition to find the girl.
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The counsel for the government submitted to the court that, since the girl was “forced” to discontinue her studies and get married by parents, she had left home.
The girl told the court that she does not want to go with her parents and sought permission to stay outside.
However, the counsel for parents told court that the girl had been kidnapped and the police have hidden this fact.
The counsel further stated that she should be sent along with her parents as they are not forcing her to marry or discontinue studies.
When the court asked for the girl’s opinion, she said she would not go with her parents and would stay outside.
The bench opined that the welfare of the girl is of utmost importance and directed the police to send the girl to the government facility to ensure safety.
Until the girl changes her mind to go to parents, she has to be accommodated at the observation home and her continuation of studies must be ensured, the court said.
Whenever she wants to go with her parents, a written submission from parents has to be taken that they will not harm her. The bench also said if the girl wants to see her parents, it should be facilitated.