P&H High Court Directs Counselling Of Minor Girl Allegedly In Mother's Illegal Custody At "Infamous" Dera Sacha Sauda Ashram

The Punjab and Haryana High Court has directed that a minor girl, allegedly held in the illegal custody of her mother within the premises of Dera Sacha Sauda, Sirsa, be provided with immediate counselling by the PGIMER, Chandigarh.

Justice Subhas Mehla said, "Counselling of the minor child with regard to the custody issue be conducted. A counselling schedule shall be formulated and the same be communicated to learned counsel for the petitioner as well as learned counsel for respondent No.4 (mother). The entire expenses of the counselling shall be borne by the petitioner."

The Habeas Corpus plea was filed by a resident of Goa, the father of a minor girl alleging that his daughter has been illegally detained by her mother in Dera Sacha Sauda Ashram, Sirsa.

After the girl was produced, the Court ordered Director PGIMER, Chandigarh to assess and take necessary steps for her counselling, keeping in view the purpose of this exercise only to the extent of determination of the custody matter between the parents.

The plea stated that during the pendency of the petition the alleged detainee should be produced from Dera Sacha Sauda Ashram, Sirsa, Haryana— an institution "notorious for serious controversies and criminal proceedings" before the High Court.

The father further sought that in exercise of its parens patriae jurisdiction and in the spirit of Section 12 of the Family Courts Act, 1984, the Court direct that the child be counselled by a qualified child psychologist and provide an expert report on the child's welfare, emotional state, and best interests.

It was submitted that although the petitioner has obtained multiple court orders granting him custody, he has never been given a real opportunity to even speak to his daughter—primarily due to the excessive interference of officials from Dera Sacha Sauda, Sirsa. He claims that at present, she remains helpless, as she believes her only place of residence is the infamous Dera Sacha Sauda Ashram, Sirsa.

Despite the petitioner's clear ability and willingness to provide a safe home, proper education, and care to his daughter, the respondent wife and the officials of Dera Sacha Sauda continue to exercise dominance over her. As a result, the child has not been able to exercise her free will, added the plea.

Dera Sacha Sauda argued that no allegation or relief has been sought against it and the plea should be dismissed. Counsel for the petitioner withdrawn the petition against Dera and the Court ordered accordingly.

While adjourning the case to September 09, the Court said, "The Counsellor so appointed by (PGIMER) is directed to file its report, after completion of counselling of the child and, if required, after interacting with parents of child, regarding her state of mind whether she can understand her well being to stay with her father or mother."

Mr. Kshitij Sharma, Advocate, with Ms. Gurpreet Kaur Bhatti, Advocate; Ms. Tamanna Banwala, Advocate; and Mr. Shubhkarman Singh Gill, Advocate for the petitioner.

Mr. Kran Veer Singh, Senior Deputy Advocate General, Haryana.

Mr. Alok Mittal, Advocate for respondent No.4.

Mr. Abhishek Sanghi, Advocate with Mr. Jitender Khurana, Advocate for Dera Sacha Sauda.

Mr. Avinit Avasthi, Advocate for respondent No.6-PGIMER.

Title: Cypriano Britto v. State of Haryana & Ors

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