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Justice S Sunil Dutt Yadav and Justice S. Rachaiah of the Karnataka High Court has come to the rescue of a minor girl who had voluntarily fled home upon being pressurized by her parents to marry and discontinue studies.
The parents have submitted that she was kidnapped by somebody. According to the girl's mother, she had lodged a complaint in that regard, however, the same was "suppressed" by the police and not registered in accordance with law. Further, parents of the detenue submitted that they will not pressurize the detenue for her marriage or discontinue her further studies. Hence, the parents prayed to send the detenue back with them. On the contrary, it was submitted that the girl was seventeen years of age and wanted to pursue her further studies, but her parents forced her for marriage and discontinued her studies. As a consequence, she had voluntarily gone to Goa and was residing with her brother. As such, she was not willing to accompany her parents and she is ready to go to Juvenile Centre/Remand Home.
In this context, the Court directed that the girl to be sent to a juvenile home at Balakiyara Bala Mandir, "keeping in mind her welfare and safety purpose.”
The Court directed Balakiyara Bala Mandir to keep the detenue till she attains the age of majority or till she changes her mind to accompany her parents/natural guardian, and to take appropriate steps to ensure the detenue to continue with her further studies.
“If the detenue is willing to accompany her parents during her stay in that Balakiyara Bala Mandir, the said authority is directed to send the detenue along with her parents by taking suitable undertaking from the parents ensuring her safety and her future,” the Court further noted.
Thus the Court disposed off the writ petition habeas corpus filed by the petitioner.
Case Title: Smt. Sharavva Lamani v. The State Of Karnataka
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