Gujarat High Court Places Minor Girl Refusing Return To Parents In Children's Home Till 18 - 2026-02-16

A Father's Habeas Corpus Plea Meets An Unexpected Twist

In a poignant habeas corpus ruling delivered on February 16, 2026, the Gujarat High Court directed that a 16-year-old girl at the centre of a family dispute be housed at the Children Home in Mehsana until she attains majority. The bench comprising Justices N.S. Sanjay Gowda and D.M. Vyas closed the petition filed by her father after hearing the corpus express her firm unwillingness to return home.

The Runaway Daughter And The Marriage Pressure

Bhangi Anilbhai Govabhai approached the High Court alleging that his daughter Nidhi had been illegally confined by respondents 4 to 9. The State traced and produced the girl before the Court. During the hearing she disclosed that she turned 16 recently and would be seventeen in two days. She explained that she had voluntarily left her home because her parents were pressuring her to marry a person she did not wish to wed.

The corpus emphatically stated that respondent No. 4, Kaishik, had not abducted her. Instead, she expressed her desire to marry him after both attained the requisite marriageable age. She requested to be allowed to stay either with an unrelated person named Kiranbhai or at a Nari Kendra until she turned eighteen.

Mother-Daughter Meeting Fails To Bridge The Gap

The girl's mother, Kamini, was present in court. Justices Gowda and Vyas permitted the mother and daughter to interact at length, yet reconciliation proved impossible. The corpus remained resolute in her refusal to accompany her parents.

With the options before the Court limited, the judges rejected the request to stay with the unrelated Kiranbhai and instead directed placement in the Children Home, Mehsana. The institution was instructed to keep her until she completes eighteen years, after which she is to be released.

Police To Record Statement Under BNSS

An FIR had already been registered on the complaint of the father. The Court permitted the police to take the corpus for recording her statement before a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita.

Key Observations From The Bench

> “She submits that she wants to get married to Kaishik, i.e., respondent No.4 and since she is 17, she would wait for a year until she attains marriageable age.”

> “Since, the corpus, who will turn 17 in two days time, is unwilling to join her mother, we have no other option but to permit her to stay at the Children Home, Mehsana.”

The Court emphasised that the request to reside with an unrelated individual could not be countenanced given the absence of any familial link.

Practical Effect And Path Forward

By closing the writ petition, the High Court has effectively prioritised the welfare and expressed wishes of the near-adult minor while ensuring institutional protection until she reaches legal adulthood. The order balances parental concerns with the corpus’s autonomy, setting the stage for her transition to independent decision-making upon turning eighteen.