In a sensitive habeas corpus hearing, the Gujarat High Court on Monday directed that a 17-year-old girl be placed in a government-run Children Home in Mehsana after she firmly refused to return to her parents.
The case arose from a petition filed by her father, who alleged that his minor daughter had been illegally confined by private respondents.
The division bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas passed the order on February 16, 2026, after interacting personally with the girl in court.
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Background of the Case
The petition was filed by Bhangi Anilbhai Govabhai, who claimed that his daughter had been wrongfully detained by respondent numbers 4 to 9. He sought a writ of habeas corpus - a legal remedy used when someone is allegedly held illegally and the court is asked to produce that person.
Taking note of the seriousness of the allegation and the fact that the girl was only 16 at the time of filing, the court directed the State to trace and secure her presence. The bench had emphasized that since she was a minor, immediate action was necessary.
Eventually, the State produced the girl before the court.
What the Girl Told the Court
In a calm but firm voice, the girl told the judges that she would turn 17 in two days. She stated that she had left her house on her own.
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According to her, she was being pressured by her parents to marry someone she did not wish to marry. “I was being tortured to get married to a person I do not want to marry,” she conveyed during the interaction.
She denied any abduction. The girl clarified that the private respondents had not forcibly confined her.
Instead, she expressed her desire to marry respondent number 4 in the future. However, she acknowledged that both of them were below the legal age for marriage. She told the court that they would wait until they attained the legally permissible age.
Attempt at Reconciliation
The girl’s mother, Kamini, was present in court. The bench permitted the mother and daughter to speak privately in an attempt to resolve their differences.
The interaction lasted for a considerable time. Yet, when they returned to the courtroom, it was evident that the gap remained.
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The bench noted that despite “a long deliberation,” the two could not reconcile their differences. The girl remained firm in her decision not to return home.
She requested the court to allow her to stay either with a person named Kiranbhai or, alternatively, in a Nari Kendra (a women’s shelter) until she turned 18.
Court’s Observations
The judges observed that since the girl was still a minor and unwilling to go back with her mother, the court had to ensure her safety within the framework of the law.
“The corpus, who will turn 17 in two days’ time, is unwilling to join her mother. We have no other option,” the bench observed during dictation of the order.
The court also made it clear that her request to stay with Kiranbhai could not be accepted. The bench pointed out that he was not related to the girl or her family in any manner.
Given these circumstances, the judges concluded that institutional care was the appropriate arrangement.
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The Decision
The High Court directed that the girl be placed in the Children Home, Mehsana, until she attains the age of 18.
The bench further ordered that the Children Home must release her once she turns 18.
It was also brought to the court’s notice that an FIR had been registered based on the father’s complaint. For the purpose of investigation, the police were permitted to take the girl to record her statement before a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which governs criminal procedure.
With these directions, the writ petition was closed.
Case Title: Bhangi Anilbhai Govabhai vs State of Gujarat & Ors.
Case No.: R/Special Criminal Application (Habeas Corpus) No. 1099 of 2026
Decision Date: 16 February 2026
