Karnataka High Court Comes To Rescue Of Minor Girl Allegedly Forced To Marry, Discontinue Education By Parents

A division bench of Justice S Sunil Dutt Yadav and Justice S. Rachaiah, directed that the girl be kept in a Juvenile Centre/Remand Home, away from her parents and permitted her to continue with her further studies.

The mother of the minor girl had approached the court by filing a habeas corpus petition. The police produced the girl before the court. However, the government advocate on instruction submitted that, the detenu, aged about 17 ½ years, is not willing to accompany her parents.

She expressed her willingness to pursue further studies, however, her parents were forcing her for marriage and had discontinued her education. As a consequence, she had voluntarily gone to Goa and was residing with her brother, etc.

On the contrary, the parents claimed that the girl was kidnapped by somebody; the police have not registered the case in accordance with law. They also informed the court that they will not pressurize the detenu for her marriage or discontinue her further studies. They requested the Court to send the detenu along with them.

On enquiry, the detenu expressed her unwillingness to the Court to accompany her parents and said she is ready to go to Juvenile Centre/Remand Home.

The court on consideration of the submissions made by either parties said,

"Keeping in mind prime importance of welfare of the child/detenu produced before this Court, this Court directs the respondent No.3 to send the detenu to Balakiyara Bala Mandir, Near Sangolli Rayanna Circle, Gadag, keeping in mind her welfare and safety purpose."

It added, "Needless to say that the said Balakiyara Bala Mandir is directed to keep the detenu till she attains the age of majority or till she changes her mind to accompany her parents/natural guardian, whichever is earlier. Further, said Balakiyara Bala Mandir is directed to take appropriate steps to ensure the detenu to continue with her further studies."

The court took on record the affidavit filed by the parents of the detenu regarding safety and welfare of the child. It observed, "If the detenu is willing to accompany her parents during her stay in that Balakiyara Bala Mandir, the said authority is directed to send the detenu along with her parents by taking suitable undertaking from the parents ensuring her safety and her future."

It also directed the Juvenile authority to provide visitation rights to the parents of the detenu, if the detenu is willing to see her parents. Accordingly it disposed of the petition.

Case Title: Smt. Sharavva Lamani v. The State Of Karnataka

Case No: WPHC No.100017 Of 2021

Date Of Order: 25th November, 2021

Appearance: Advocate Vidyashankar G Dalwai, For Petitioner; Advocate Girija S Hiremath, A/W Additional Advocate General K. Vidyavati, For R1 To R3

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