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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3 Replies

Rama chary Rachakonda (Secunderabad/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.