Case Note & Summary
The case involved a habeas corpus petition filed by Vijaysinh Jagatsinh Solanki, who contended that his daughter Asmita was illegally confined by respondents 4 to 10. Upon issuance of notice, the State presented Asmita before the court, where she stated that she was 17 years old and wished to return to her parents. Given her minor status and expressed desire, the court found it appropriate to grant custody of Asmita to her parents. Additionally, the court mandated that the petitioner file an affidavit of undertaking within two weeks, ensuring that he would not attempt to arrange Asmita's marriage to anyone of his choice once she turned 18. The writ petition was thus allowed, emphasizing the importance of the minor's wishes in custody decisions.
Headnote
A) Family Law - Custody of Minors - Minor's Desire to Return Home - Special Criminal Application (Habeas Corpus) No. 257 of 2026 - Court deemed it appropriate to entrust custody of minor Asmita to her parents as she expressed her desire to go back home. The court also directed the petitioner to file an affidavit of undertaking regarding the minor's future marriage, ensuring her autonomy post-18 years of age. Held that the minor's wishes were paramount in custody matters (Paras 1-6).
Issue of Consideration
Whether the custody of a minor can be entrusted to her parents when she expresses a desire to return home.
Final Decision
The court allowed the writ petition, entrusting custody of Asmita to her parents and directing the petitioner to file an affidavit of undertaking within two weeks.
Law Points
- Habeas Corpus
- Custody of Minors
- Affidavit of Undertaking
