Siddharth Agarwal 16 September 2021

Victim Child Custody to parents

Hi,
I am Adv Siddharth Agrawal practicing at Pune District & Sessions Court.
In a POCSO case, the victim girl has been kept in Woman's Hostel as she was unwilling to stay with her parents and wanted to marry the Accused.
Now, the girl wants to be with the parent's but the Child Welfare Hostel is not giving the custody to her parents.
What needs to be done in such a case?

Thank you

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Quick Summary

This discussion addresses a complex child custody situation involving a victim in a POCSO case. The victim, initially unwilling to stay with her parents due to a desire to marry the accused, now wishes to return home. However, the Child Welfare Hostel is refusing to release her to her parents' custody. Legal advice suggests that a POCSO court order is necessary to secure the child's release, and potentially a writ of mandamus against the hostel management.

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 16 September 2021

The decision of child welfare hostel management is correct. The POCSO court order is needed for release the girl.

Dr. J C Vashista (Advocate ) 17 September 2021

Move a suit for permanent and mandatory injunctions / writ of mandamus against the hostel management directing them to handover custody of the child to her parents.