The Allahabad High Court has ruled that minors cannot be detained in the Government Girls Protection Home or any other shelter against their wishes. In a specific case, the court has granted permission for a victim, previously residing in the Government Girls Protection Home, to leave with her husband.  Also, the case of kidnapping and rape registered against her husband has been cancelled.

Justice Neeraj Tiwari issued this order during the hearing of a petition filed by Manoj Kumar alias Monu Kataria, a resident of Jalaun. Kataria sought the cancellation of the charge sheet filed against him in a case registered in Orai, involving charges of kidnapping, rape, and violations under the POCSO Act. According to Kataria's advocate, the case was initiated by the victim's mother. However, the advocate argued that the truth of the matter was that Kataria and the victim had been in a consensual relationship and had willingly married each other.

Following the medical report confirming the victim's age as 16, she was placed in the Government Girls Protection Home, while Monu faced imprisonment. Subsequently, Monu was granted bail by the High Court. However, the victim's mother declined to take custody of her, leading to her placement in a protective home where she later gave birth. The High Court noted that the victim had declared herself to be 19 years old in her statement before the magistrate.

Citing the decision, the court said that in this situation, even if the victim is a minor, she cannot be kept in a protection home against her will. It is settled law that in case of age determination, two years more or less than the medical report can be considered. The victim is above 18 years of age and has also given birth to a child. Both mother and child are healthy.