In habeas corpus petitions involving minors, the court determines custody based on the minor's statement and willingness, directing handover to parents or the Child Welfare Committee (CWC) for further processing.

ORDER

Per: Vivek Rusia, Acting Chief Justice

Petitioner in this habeas corpus petition is seeking search, production and custody of his minor daughter who has been missing since 13.6.2026. An FIR at Crime No.114/2026 was lodged at Police Station, Kudila, District Tikamgarh on 15.6.2026 against unknown person.

In compliance of order of this Court dated 05.8.2026, today corpus has been produced in Police custody. She was recovered from Gowardhan Mohalla, Mainpuri (U.P.). She was found with an accused (Anil Yadav). Now, he has been sent to jail after registration of an FIR for offences under sections 137(2), 65(1), 87 of BNS; section 5L/6, 3/4(2) of POCSO Act and section 3(1)(w)(i) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

Statement of the corpus who is present in Court has been recorded. As per her statement, she has already performed marriage with the aforesaid accused person. She ran away alongwith her friend who is also resident of same village and a minor. As per the corpus she is willing and ready go alongwith the petitioner. Therefore, the Police is directed to handover the custody of first corpus to her parents.

The aforesaid corpus ran away from the house alongwith another minor girl. The said minor girl was also recovered and she too has been produced before this Court. She was recovered alongwith one Gaurav Yadav @ Sonu Yadav. An FIR at Crime No.115/2026 has been registered against aforesaid Gaura Yadav at Police Station, Kudila, District Tikamgarh for offences under sections 137(2), 87, 65(1) of BNS, 5L/6, 3/4(2) of POCSO Act and section 3(1)(w)(i) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act. At present he is in custody. This second corpus is also minor. A missing person report has been lodged by the uncle of second corpus, namely, Bhajan Ahirwar, who is also present in Court. Upon asking from the second corpus, she stated that she is ready to go alongwith her aunt ('Bua'), namely, Ms.Sunita Ahirwar who is resident of Delhi having Mobile No.8527190415.

Since second corpus is inclined to stay with her aunt ('Bua'- Sunita), therefore, Lady Constable Ms.Hemlata Ahirwar of Police Station, Kudila, District Tikamgarh is directed to produce this second corpus before CWC, Tikamgarh which shall call aunt ('Bua') of second corpus, and after recording her statement, the custody of second corpus be handed-over to her.

With the aforesaid observations and directions the instant habeas corpus petition is disposed of.