The Rajasthan High Court at Jodhpur has refused to return a minor girl to her father in a habeas corpus petition, holding that the girl clearly expressed her desire not to go back to her parental home. After interacting with the girl and reviewing a counsellor’s report, the court allowed her to remain in a Children’s Home until she reaches the age of majority.
The division bench observed that the girl appeared firm in her decision and feared mistreatment if she returned home.
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Background of the Case
The case began when a man from Chittorgarh district approached the High Court claiming that his minor daughter had been illegally detained by another person. He filed a habeas corpus petition-a legal remedy used when someone is believed to be unlawfully detained-seeking the court’s intervention to bring the girl back home.
Following earlier directions from the court, the minor girl was produced before the judges on February 2, 2026. During the interaction, the girl told the court that she did not wish to return to her parental home because she believed her father was involved in illegal activities.
The bench initially noted that her mental condition appeared unsettled and therefore directed that she be placed in a Children’s Home in Chanderia so she could receive counselling before taking any final decision.
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Court Interaction With the Minor
When the matter came up again, the girl was produced before the bench once more. The judges spoke to her directly in court.
She maintained the same position as before. The girl told the judges that she had left home on her own and was not being held by anyone against her will.
She also made it clear that she preferred to remain in the Children’s Home rather than return to her parents.
“The corpus stated that she was not under illegal detention and had left her home voluntarily,” the bench noted after interacting with her.
The girl further expressed that she wished to stay at the Children’s Home until she became an adult.
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Counsellor’s Report Before the Court
During the hearing, the Additional Advocate General presented a counselling report prepared by professionals at the Children’s Home. The report reflected the discussions held with the girl during her stay there.
After reviewing the report and hearing the girl directly, the court observed that she remained consistent in her stance and appeared concerned about returning to her parental house.
“The corpus is very firm that she does not want to go to her parental home as she may suffer torture at the hands of her parents,” the court recorded in its order.
Court’s Decision
Taking into account the girl’s statements and the counsellors’ assessment, the High Court concluded that it would not be appropriate to compel her to return home.
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The bench directed that the minor girl should continue to stay at a Children’s Home in Udaipur until she attains the age of majority. Once she becomes an adult, she will be free to decide where she wants to live.
The court also instructed the Secretary of the District Legal Services Authority (DLSA), Udaipur, to visit the Children’s Home regularly-at least once every two months-to monitor her welfare and living conditions.
With these directions, the High Court disposed of the habeas corpus petition.
Case Title: Rameshwar v. State of Rajasthan & Others
Case No.: D.B. Habeas Corpus Petition No. 8/2026
Decision Date: 17 February 2026
