Gajraj Singh vs. State of U.P.

Gajraj Singh’s daughter and Ajit Singh married against her parents’ wishes while she was still a minor, and she was being forcibly detained at Nari Niketan throughout the custody disputes. Gajraj and Ajit both filed applications to claim her custody, while the girl herself indicated to the court that she wanted to leave with her husband. The lower court rejected both applications to claim the girl’s custody and decided to detain her until she attained majority, at which point they would release her. Gajraj Singh then filed this petition to quash the lower court’s order and have his daughter released into his custody. The high court determined that the girl’s detention at Nari Niketan was illegal and that she should be released and allowed to go according to her own wish.

It is well-settled law that a minor cannot be confined in Nari Niketan against her wishes. … In the case in hand, the question of the applicant being a minor is irrelevant as even a minor cannot be kept in protective home against her will.

Paragraphs 5 and 7Gajraj Singh Vs. State of U.P.2015(3)ADJ350