May 13, 2017

S-139 Who was trying to sell the minor daughter - The Mother or The Uncle?

This case I must have argued in 1987 or so in High Court, I do not remember details, but this case left shocking impressions on my mind.

A mother from a tribal area of Gujarat had come to me. She said her brother was trying to kidnap her minor daughter and was trying to sell her off.

I filed petition for her in High Court. High Court issued notice to his brother and to local police authorities.

His brother filed reply in High Court saying that it was actually the mother who was trying to sell her own minor daughter and he was just trying to protect the minor girl !

This was, at that time, shocking and unbelievable to me that in tribal areas, such things happen. It was difficult for me to believe that a mother could sell her minor daughter !

Fortunately, the Judge was aware about this ills in this tribal area and so he passed a just order in such a way that neither Mother nor Brother can sell the minor daughter. He protected minor daughter by issuing some directions to Police Authorities.

The point I wish to make is :

Sometimes facts of cases, which emerge after notice to other side, can often shake up even the Lawyers.