The Punjab and Haryana High Court has ordered immediate counselling for a minor girl, who is allegedly in the illegal custody of her mother at the Dera Sacha Sauda Ashram in Sirsa. The Court directed that the counselling will be conducted by PGIMER, Chandigarh, to determine the child’s welfare and custody arrangements.
Justice Subhas Mehla, while hearing the matter, stated:
"Counselling of the minor child with regard to the custody issue be conducted. A counselling schedule shall be formulated and communicated to the petitioner’s counsel as well as respondent No.4 (mother). The entire expenses of the counselling shall be borne by the petitioner."
The Court further instructed the Director of PGIMER, Chandigarh, to ensure that the process is strictly for evaluating the child’s well-being and for deciding custody between the parents.
Background of the Case
The habeas corpus plea was filed by the father, a resident of Goa, who alleged that his daughter had been illegally detained by her mother at the Sirsa-based Dera Sacha Sauda Ashram. He argued that the ashram is already known for serious controversies and pending criminal proceedings.
According to the plea, despite obtaining several custody orders from different courts, the father has not been allowed to interact freely with his daughter. He claimed that the officials of Dera Sacha Sauda interfere excessively, preventing him from exercising his lawful custody rights.
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The father maintained that he is financially stable and capable of providing his daughter, Crislia, with a safe home, proper education, and overall care. However, due to the continued influence of the mother and ashram officials, the child believes that her only home is at Dera Sacha Sauda.
The father urged the Court to exercise its parens patriae jurisdiction under Section 12 of the Family Courts Act, 1984. He requested that the child be counselled by a qualified psychologist and that an expert report be prepared on her welfare, emotional state, and best interests.
He further submitted that the child has been unable to exercise her free will and continues to remain under psychological dominance at the ashram.
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Counsel appearing for Dera Sacha Sauda argued that no allegations or relief had been directly sought against the institution and therefore the plea should be dismissed.
While adjourning the case to September 9, Justice Subhas Mehla directed:
"The counsellor so appointed by PGIMER is directed to file its report after completion of counselling of the child and, if required, after interacting with the parents, regarding her state of mind—whether she can understand her well-being to stay with her father or mother."
Case Title: Cypriano Britto v. State of Haryana & Ors
Case Type: Habeas Corpus Petition (Child Custody Dispute)
Petitioner: Cypriano Britto (Father, Resident of Goa)
Respondent : Mother of the minor child
