Delhi HC disposes of habeas corpus plea for pregnant missing minor, parents refuse custody
It was alleged that a boy had lured the daughter away, engaged in physical relations with her, and made certain illicit videos of her public.
The girl was recovered, but her parents, who were the petitioners, refused to take custody of her due to her pregnancy.
The mother also claimed that she had filed an FIR under Section 463 of the Indian Penal Code. However, the police had consistently informed her that her daughter was leading a family life with her husband.
The Standing Counsel for the State informed the court that the accused had been sent to judicial custody, and that the girl was six weeks pregnant.
A Division Bench of Justices Suresh Kumar Kait and Shalinder Kaur interacted with the recovered girl in the court, where she acknowledged her six-week pregnancy and expressed her willingness to go with her parents.
However her parents declined to take her with them saying that it was not the first time their daughter had been lured or had become pregnant.
Given these circumstances, the court ordered that the recovered girl be taken to a women’s shelter, ensuring her safety and care while addressing the complex situation involving the minor’s pregnancy and her family’s stance.