The Court was hearing a Habeas Corpus plea moved by one Naresh Kumar seeking the production of one ‘P’ (name changed), claiming that she was his legally wedded wife and has been wrongfully confined by the authorities.
It was brought to the notice of the Court that the girl in question was a minor. Moreover, taking note of the apprehension expressed by the girl and her statement, she was presented before the CWC, which later restored her custody to her father.
The CWC had directed the Superintendent of Police (SP), Barmer to ensure the safety of the girl-child and provide her protection. As the child continued to convey apprehensions regarding her safety and well-being, the CWC by order directed the SP to send the girl to the Balika Gruh, Jodhpur, where she is presently housed.
The Court noted that since the girl was a minor, no person other than her parents can stake a claim for her custody.