The court ruled that a minor's expressed wishes cannot override parental custody rights, necessitating protective measures until the minor reaches majority.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. This speaking to minutes note is filed by the learned APP Ms.Vrunda Shah seeking permission to keep the corpus, who is a minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad.

2. Heard learned APP Ms.Vrunda Shah and learned counsel Mr.Saiyed for the writ petitioner.

3. As per the order dated 23.09.2025, while disposing of Special Criminal Application (for Habeas Corpus) No.12017 of 2025, this Court has directed to keep the corpus, who is a minor in the custody of Avaaz Nari Sanrakshan Kendra, Ahmedabad till she attains her age of majority. We have ordered to keep her in the custody of the said Avaaz Nari Sanrakshan Kendra, Ahmedabad at the request of learned APP made on instructions from the concerned police.

4. Now, learned APP Ms.Vrunda Shah submits that the said Avaaz Nari Sanrakshan Kendra, Ahmedabad takes custody of only the major female persons and not the minor female children. Therefore, it is stated that as they refused to take custody of the corpus, who is a minor that they have kept the minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad. Therefore, she prays to amend the order dated 23.09.2025 directing the corpus to be kept in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad and to ratify the action taken by them in keeping the corpus in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad in the said inevitable circumstances.

5. Considering the said request made by the learned APP, the order dated 23.09.2025 is accordingly ordered to be amended directing the police to keep the corpus, who is a minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad. The action taken by the police in keeping the corpus in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad is hereby approved and ratified with retrospective effect from the date of the order.

6. Learned APP Ms.Vrunda Shah also submits that she received instructions from the concerned officer of Nari Sanrakshan Gruh, Paldi, Ahmedabad that the corpus is now willing to accompany her parents. Therefore, she requests permission to move an application to permit her to accompany her parents. The said liberty was already granted in our order dated 23.09.2025. Therefore, if the corpus, according to her free will and volition is willing to accompany her parents, concerned officer of Nari Sanrakshan Gruh, Paldi, Ahmedabad is at liberty to move the Court for passing an appropriate order.

7. The note for speaking to minutes stands allowed. Rest of the order remains intact. Registry is directed to issue fresh writ/order accordingly.

Order in Note filed by learned advocate for the writ petitioner:-

8. Learned counsel for the writ petitioner has filed a note in the Registry with a request to release the corpus from shelter home and give her custody to her parents on the ground that the corpus is now willing to accompany her parents.

9. When the Court has raised objection as to how the petitioner could file such a note when no such liberty is granted to him in the order dated 23.09.2025 and as liberty was given only to the concerned officer of Avaaz Nari Sanrakshan Kendra, Ahmedabad, learned counsel for the writ petitioner seeks permission to withdraw the note.

10. Permission is granted. Therefore, the note is dismissed as withdrawn.

ORDER :

1. This petition under Article 226 of the Constitution of India for habeas corpus is filed by the petitioner seeking direction to the respondents-police officials to produce the corpus who is his minor daughter aged about 15 years 3 months and 20 days before the Court and then to pass appropriate order according to law.

2. The petitioner is the father of the corpus by name Komal Lakshmanbhai Patadia who is a minor aged about 15 years 3 months and 20 days. Is is stated that 4^th respondent has kidnapped her on 03/08/2025 on the pretext of marrying her. As she was not found even after thorough search by the petitioner, he has lodged a report with Dasada Police Station and the police