In a recent ruling, the Madhya Pradesh High Court declined to award custody of a minor girl to her parents, who had filed a Habeas Corpus plea. The court arrived at this decision after the girl voiced her preference not to accompany her parents before the court.

Under the jurisdiction of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh, the court rendered its verdict on the petition lodged by the parents of the girl. They were deeply troubled by their daughter's disappearance, fearing she might have been unlawfully detained by an unknown individual.

Manju, the girl in question, was found in Bheelwada, Rajasthan, and was presented before the court by constables from Ravati Police Station in District Ratlam.

During the proceedings, Manju disclosed that she had left her home without parental consent, alongside a person named Mohan. Despite asserting that she was 17 years old, official records revealed her age as 15 years and 09 months. The court took note of her statement, emphasizing, "She has further stated that she would not like to go with her parents."

Given the circumstances, the court concluded that "In such a situation, the corpus falls within the category of 'child in need of care and protection'. Therefore, the corpus (Manju) is to be presented before the Child Welfare Committee established under the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2015, located at Ratlam."

Additionally, the court instructed the state authorities (respondents) to provide accommodation for the minor girl at the One Stop Centre in Ratlam and to ensure she receives essential medical care.

Following this, the court directed “the corpus be produced before the Child Welfare Committee on any working days as soon as possible, so that further necessary directions may be issued by the Child Welfare Committee.”

With these directives, the writ petition was deemed disposed of by the court.

Cause Title: Jivla v State of MP

WP No. 9177 OF 2024