Minor Refuses To Return Home, Alleges Forced Marriage: Gujarat High Court Orders Custody With Children Home

The Gujarat High Court directed the Children's Home in Mehsana to take the custody of a 16-year-old girl until she attains the age of majority, after she informed that she had voluntarily left her home alleging she was being tortured and coerced by her parents to marry a person against her choice.

The court was hearing a habeas corpus petition filed by the father of the girl who had claimed that his daughter was being illegally confined by the respondents. The court had earlier issued a notice to the State directing it to 'trace and secure the corpus' and present her before the court.

When the girl was produced before the court she said that she will be turning 17 in two days time and that she had voluntarily left the house since she was being tortured by her parents to get married to a person with whom she was not inclined to get marry. She also said that the respondent persons had not abducted her. She further said that she wanted to marry respondent no. 4. She said that both she and respondent are minors both of them will marry after they attain the marriageable age. She said that she may be either permitted to stay at the respondent's home or she be permitted to stay in the Nari Kendra until she turns 18 years old. 

After hearing the submissions, a division bench of Justice NS Sanjay Gowda and Justice DM Vyas observed:

“Since, the corpus, who will turn 17 in two days' time, is unwilling to join her mother, we have no other option but to permit her to stay at the Children Home, Mehsana. The request of the corpus that she will be permitted to stay with Kiranbhai cannot be accepted since Kiranbhai is not in any way related to the corpus or her family. We, therefore, direct the Children Home, Mehsana to take custody of the corpus, untill she turns 18. The Children Home, Mehsana, shall release her after she turns 18.”

The order notes that the mother of the corpus was present before it and the court had permitted the mother and the daughter to interact. It however noted, that despite a long deliberation, both of them were unable to reconcile their differences. The bench noted that the corpus was of the firm view that she will not go with her parents. 

The Court permitted the police to get the statement of the corpus recorded  before the Magistrate as an FIR was registered based on the complaint lodged by the father.

The plea was closed. 

Case Title: Bhang Anilbhai Govabhai vs State of Gujarat

Case Number: Special Civil Application (Habeas Corpus) No. 1099 of 2026

Counsel for the Applicant: Advocates J.G. Thakor and Shivam Joshi

Counsel for the Respondents: Advocates P.P. Majmudar and Mushirali Saiyed

Counsel for the State: APP Monali Bhatt

Click Here To Read/Download Order