LI Network
Published on: January 17, 2024 at 17:57 IST
The Punjab and Haryana High Court is set to determine whether parents can be deemed to be in “illegal custody” of their own minor daughter.
This query emerged during the hearing of a habeas corpus petition filed by a woman who alleged that her same-sex partner was unlawfully detained by the partner’s parents.
The single bench, headed by Justice Sandeep Moudgil, pondered the question as the alleged detainee, according to school records, is a minor.
Justice Moudgil permitted the parents to take custody of the minor daughter with an assurance that no harm would be caused.
The case is scheduled for further consideration on January 23, where the court will address various issues, including the petitioner’s legal standing, territorial jurisdiction, and the crucial question of whether parents can be considered to be in “illegal custody” of their own minor daughter, even as biological parents.
The Court will also examine the contents of WhatsApp chats, revealing the petitioner’s attempt to harm herself, questioning her fitness to seek custody of the alleged detainee.
Previously, Justice Moudgil’s bench raised concerns about conflicting Aadhar Cards presented for the alleged detainee, indicating conflicting information about her age. The Court noted a potential attempt to mislead by presenting an incorrect date of birth.
In response to submissions, the court emphasized its responsibility to consider the exceptional circumstances and the sensitivity of the issue.
It expressed concern not only for the parents but also for the future of the alleged detainee.
The court directed the Deputy Director, UIDAI, to provide necessary information about the basis on which the date of birth was recorded in both Aadhar cards.
The case is titled X v State of Haryana & Ors.,
