India

Allahabad High Court Rules Girl’s Detention In Children’s Home After Marriage Illegal

The Allahabad High Court has deemed the detention of a girl in the Children’s Home (Girls) in Ballia as illegal. She had been held for two years and nine months without justification after marrying for love. The court’s decision allows the victim to take appropriate action regarding her unlawful detention.

Background of the Case

The case stems from the Madhuban police station area in Mau. The girl, originally from Ballia, had been living in Hyderabad with her husband after their love marriage. Her family filed an FIR against her husband, accusing him of kidnapping. The police later recovered the girl and presented her to the Child Welfare Committee, leading to her detention.

On October 3, the court questioned the chairman of the Child Welfare Committee, Mau, regarding the girl’s prolonged stay in the Bal Griha. The chairman filed an affidavit claiming the girl was a minor and unwilling to return to her parents. However, the parents did not wish to take custody against her will.

Court’s Ruling

The court found the chairman’s explanation unsatisfactory, declaring it illegal to keep the girl in custody for such an extended period without valid reason. The judges emphasized that the victim is now free to pursue legal action as per the relevant rules regarding her illegal detention.

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Vishal Talwar

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