Minor Girl Apprehends Torture, Alleges Father's Involvement In Illegal Activities; Rajasthan High Court Allows Her To Stay In Children's Home
The Rajasthan High Court has allowed a minor daughter to live at a Children's Home till she attains majority, based on her unwillingness to return to her parental home due to her father's alleged involvement in some illegal activities, and apprehension of being subjected to torture by her parents. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma was hearing...
The Rajasthan High Court has allowed a minor daughter to live at a Children's Home till she attains majority, based on her unwillingness to return to her parental home due to her father's alleged involvement in some illegal activities, and apprehension of being subjected to torture by her parents.
The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma was hearing a habeas corpus petition filed by the father, alleging that his minor daughter was illegally detained by the respondent.
When the daughter was presented before the Court, she expressed her unwillingness to return home owing to her father's involvement in illegal activities.
The Court further found that her mental state was not stable, and therefore, she was sent to the Children's home where she could get counselling and some proper thought process.
The Court also took into account daughter's explicit denial of being illegally detained by the respondent, and the statement that she had left her home out of her own free will and desired to live in the Children's home till she attained majority.
In this background, and taking into account the counsellors' report, the Court directed that the daughter shall remain at the Children's home until she attained majority, after which she will be free to live at a place of her choice.
Accordingly, the petition was disposed of.
Title: Rameshwar v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 83