AMRITA AHLUWALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the main contentions raised are (1) that the question of custody of a girl Ameena Begum be referred to and decided by the Juvenile Board at New Delhi; and (2) declare Section 10(i) of the Hindu Adoption and Maintenance Act, 1956 as ultra vires.

(2.) Briefly stated, the facts are that on 10th August, 1991 one girl namely, Ameena Begum was found in the flight from Hyderabad to Delhi by the petitioner, who was the Air Hostess on that flight. The petitioner believed that Ameena Begum was illegally married off to an Arab national Mr. at Segeih. The said at Segeih was apprehended and produced before the Magistrate on that date and Ameena Begum was sent to the Nari Niketan. Thereafter, some proceedings were initiated and pursuant to an order passed by this Court, Ameena Begum was shifted to the Children's Home. The petitioner then applied to the Court of Addl. Chief Metropolitan Magistrate, New Delhi for custody of Ameena Begum. Towards the end of August, 1991 the natural parents of Ameena Begum also applied for her custody. After the present writ petition was filed and notices issued, on 5th September, 1991 the Addl. Chief Metropolitan Magistrate, New Delhi passed an order relating to the custody of Ameena Begum. He directed that Ameena Begum should be kept in the Children's Home. He declined to give the custody of Ameena Begum to her parents but he did come to the conclusion that Ameena Begum was not delinquent nor a neglected child and, therefore, the provisions of the Juvenile Justice Act, 1986 were not applicable and, as such, the case could not be referred to the Juvenile Board.

(3.) The aforesaid order of the ACMM, New Delhi disposing of various applications for custody which were filed before him, was brought to the notice of this Court on 5th September, 1991 itself. By an order passed on the same date this Court observed that the question of marriage of minor Indian girls to foreign citizens required detailed consideration and possibly the Government may have to frame rules or regulations in this behalf to ensure against possible trafficking of Indian women.