By- Shashank Mohan.
“We appreciate the decision of Divyaben an 18-year-old girl, which in the opinion of the court, is a mature decision. We hope and trust that as parents, the petitioner and Nishaben would respect the feelings of their child and permit her to live her own life, as per her wish”, said the Gujrat High Court.
In a recent case of Panchal Vijaykumar Rameshkumar v. State of Gujrat, father of 18 year girl filed a Habeas Corpus petition under article 226, seeking directions to produce his daughter before the court and to gain her custody.
The girl named Divyaben had left her parental home and went to live with the grandfather of a 19-year-old boy named Hasmukhbhai Jagdishbhai whom she likes. The girl while submitting before the court that she wanted to marry the boy on his attaining the age of majority under the Hindu Marriage Act.
On further interaction with the girl, she agreed to live with her parents, while maintaining her relationship with the boy. She also expressed her desired that she should be allowed to talk with the boy on phone and her parents actively see that she enters into a conjugal relation and live a happy married life.
The court gave the following directions:
- The petitioner as father as well as Nishaben as mother of the girl shall not harass her in any manner whatsoever.
- The parents shall file an individual undertaking on oath to the said effect in this proceeding.
- The police authorities shall drop the girl at her parental house and submit a report stating a safe arrival of the girl.
- A lady officer from the office of the social welfare Department shall visit the house and meet the girl and submit her well-being report.
The court also appreciated the counsels of both the petitioner and respondent for their effort to solve the issue and save the lives of two innocent children.
