HC sends minor, baby to her in-laws’ home
Gujarat High Court
In an exceptional case, the Gujarat High Court temporarily handed over the custody of a minor girl and her two-month-old daughter to the parents of the boy whom she married and who fathered the child. The court took the decision in the interest of the girl and her daughter as the boy was in police custody after the girl's parents lodged a complaint against him under the POCSO Act.
Detroj resident Bharat Dabhi had lodged complaint under the POCSO Act against Piyush Rathod accusing him of eloping with his 16-year-old daughter Jyoti in June last year. When the police couldn't trace them, Dabhi had filed ahabeas corpus application before the Gujarat HC in August last year. HC directed Detroj police to trace the couple. When the local police could not trace the girl, investigation was handed over to Anti-Human Trafficking Squad of Ahmedabad (Rural) police.
On July 28 this year, the squad's sub-inspector PN Dhandhalya tracked down the couple to Himmatnagar but by then the couple had already married and Jyoti had given birth to a female two months ago. Jyoti was produced before the HC on August 1 where she stated before the court she did not want to go with her parents. Instead, she expressed the desire to stay with her husband and in-laws who were present in the court.
The court then ordered for Jyoti and her daughter to be sent to stay with the boy's parents for eight weeks. Meanwhile, it asked the Additional Public Prosecutor (APP) to find out a suitable women protection home where the duo could stay safely.
"We have arrested the boy as a complaint under POCSO Act was lodged against him. Therefore, the court decided to send the girl and the infant to the boy's parents for eight weeks," Dhandhalya told Mirror.
(Names and place names have been changed to protect identity)
Detroj resident Bharat Dabhi had lodged complaint under the POCSO Act against Piyush Rathod accusing him of eloping with his 16-year-old daughter Jyoti in June last year. When the police couldn't trace them, Dabhi had filed a
On July 28 this year, the squad's sub-inspector PN Dhandhalya tracked down the couple to Himmatnagar but by then the couple had already married and Jyoti had given birth to a female two months ago. Jyoti was produced before the HC on August 1 where she stated before the court she did not want to go with her parents. Instead, she expressed the desire to stay with her husband and in-laws who were present in the court.
As per law, in such a situation the girl has to be sent to women protection home. However, the boy's parents submitted to the court that they were ready to take care of the mother and child.
The court then ordered for Jyoti and her daughter to be sent to stay with the boy's parents for eight weeks. Meanwhile, it asked the Additional Public Prosecutor (APP) to find out a suitable women protection home where the duo could stay safely.
"We have arrested the boy as a complaint under POCSO Act was lodged against him. Therefore, the court decided to send the girl and the infant to the boy's parents for eight weeks," Dhandhalya told Mirror.
(Names and place names have been changed to protect identity)
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