The Rajasthan High Court has directed that a minor girl, referred to as Mst. ‘G’, shall remain in a Children’s Home in Udaipur until she attains the age of majority, honoring her firm refusal to return to her parental home due to apprehensions of torture from her parents. The division bench of Justices Vinit Kumar Mathur and Chandra Shekhar Sharma disposed of the habeas corpus petition filed by the girl’s father, who alleged illegal detention by the fourth respondent.
The petition, filed by Rameshwar (aged about 57, resident of Ranawaton Ki Sadri, Chittorgarh), claimed that his daughter was unlawfully held by Mukesh (resident of Kakroli, Rajsamand). Pursuant to court directions, the minor was produced before the bench on February 2, 2026. During an in-chamber conference, she expressed unwillingness to return home, stating that her father was involved in illegal activities, which made her fear for her safety.
Observing that the girl’s mental state appeared unstable, the Court arranged for her temporary placement in the Children’s Home at Chanderia for counseling to help her develop a clearer thought process. On the next hearing date, February 17, 2026, the corpus was again produced. She reiterated her stance, denying any illegal detention by the respondent and affirming that she had left home of her own free will, without pressure. She explicitly desired to stay in the Children’s Home until majority.
The Additional Advocate General presented a counselors’ report from the Children’s Home, Chanderia, which corroborated her position. The bench noted her resolve, stating: “In the considered opinion of this Court, the corpus Mst. ‘G’ is very firm that she does not want to go at her parental home as she may suffer torture at the hands of her parents.”
Balancing the child’s welfare with her expressed wishes, the Court deemed it appropriate to allow her continued stay at the Children’s Home, Udaipur, until she turns 18. Upon attaining majority, she will be at liberty to choose her residence. To ensure her well-being, the Secretary, District Legal Services Authority, Udaipur, was directed to visit the home and monitor her upkeep at least once every two months. A copy of the order was mandated to be sent to the authority for compliance.
This decision underscores the judiciary’s paramount consideration of the minor’s best interests under Article 21 of the Constitution, prioritizing protection from potential harm over parental claims, especially in cases involving allegations of familial discord and illegal activities.
Case Title: Rameshwar v. State of Rajasthan & Ors. | D.B. Habeas Corpus Petition No. 8/2026
Click HERE for full judgment
Lawcutor 