delhi high court

Delhi High Court: In a case wherein the petitioner filed the present case for her next friend, Gulafsha, purportedly missing, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., took note of Gulafsha’s wishes to not reside with her family. In this backdrop, the Court directed the Police Officials to escort Gulafsha to a Shakti Shalini Shelter Home and make necessary arrangements for her sustenance.

The Court stated that it interacted with the parties in the chamber separately as well as together and it was agreed by the parents of Gulafsha that she should be sent to Shakti Shalini Shelter Home in order to reflect and introspect about her future. The Court further stated that it had interacted with Gulafsha, who expressed her wish to either go with the petitioner or to Shakti Shalini Shelter Home. The Court noted that Gulafsha had categorically stated that she was not willing to accompany her parents or any of the relatives.

Thus, the Court directed to escort Gulafsha to Shakti Shalini Shelter Home straight from this Court and make necessary arrangements for her boarding and lodging there. The Court further directed the Director of Shakti Shalini Shelter Home to admit Gulafsha for her stay and provide necessary facilities, including food, shelter, etc

Furthermore, the Court directed the Director of Shakti Shalini Shelter Home to provide counselling to Gulafsha. It is further directed that parents of Gulafsha shall also be counselled at least on an alternative day to prepare them to accept Gulafsha as per her wishes. The Court directed the parents and all others concerned to not exert pressure upon Gulafsha or threaten her.

The matter was next to be listed on 29-08-2023.

[Neha v. State (NCT of Delhi), W.P. (Crl) 2370 of 2023, order dated 22-08-2023]

Advocates who appeared in this case :

For the Petitioner: Amritananda Chakravorty, Mihir Samson, Asawari Sodhi, Vaishnavi Prasad and Pradip K. Singh, Advocates.

For the Respondents: Sanjay Lao, ASC, Abhinav Kr. Arya, Priyam Agarwal, Advocates.

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