The Dharwad bench of the Karnataka High Court has directed the authorities to send a 17-and-a half-years old girl to a juvenile centre in Gadag with a direction to ensure that she continues with her studies. A division bench headed by Justice Sunil Dutt Yadav passed this order in a habeas corpus petition filed by her mother.
The petitioner had stated that she had filed a complaint with the Laxmeshwar police in Gadag district stating that her daughter had been kidnapped by somebody. She alleged the police had not registered the case in accordance with law. On filing of the habeas corpus petition, the police produced the girl before the court.
The Additional Advocate General submitted that the girl wanted to pursue her further studies, while her parents forced her for marriage and discontinued her studies. As a consequence, she has voluntarily gone to Goa and was residing with her brother. The parents submitted that they will not pressure her for the marriage or discontinue her studies and they requested the court to send her along with them. However, the girl was not willing to accompany her parents but was ready to go to juvenile centre or remand home.
The bench directed the police to send the girl to Balakiyara Bala Mandir, near Sangolli Rayanna Circle in Gadag, keeping in mind her welfare and safety. “Needless to say that the said Balakiyara Bala Mandir is directed to keep the detenue till she attains the age of majority or till she changes her mind to accompany her parents/natural guardian, whichever is earlier. Further, said Balakiyara Bala Mandir is directed to take appropriate steps to ensure the detainee to continue with her further studies," the bench said.
The court also directed the bala mandir to send the girl along with her parents by undertaking ensuring her safety and her future in case that she is willing to accompany them. The juvenile authority is directed to provide visitation rights to the parents if the girl is willing to see her parents.
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