Same-sex couple case: Unnao girl is minor, HC gives custody to parents

The Punjab and Haryana high court on Monday gave custody of a minor Unnao girl, being claimed as same sex partner by a 23-year-old Panchkula woman, to her parents

Chandigarh: The Punjab and Haryana high court on Monday gave custody of a minor Unnao girl, being claimed as same sex partner by a 23-year-old Panchkula woman, to her parents.

The Punjab and Haryana high court on Monday gave custody of a minor Unnao girl, being claimed as same sex partner by a 23-year-old Panchkula woman, to her parents.

The high court bench of justice Sandeep Moudgil also sought report from Unique Identification Authority of India (UIDAI) about two different dates of birth on the Aadhaar cards produced before the court. While the Aadhaar card produced by authorities through her parents has 2007 date of birth. The Aadhaar card appended with the plea by the 23-year-old woman had date of birth of 2004.

In her plea filed on December 27 last year, the 23-year-old woman had claimed that the Unnao girl was a major and was forcibly detained by her parents as they were against the girls living together. She had moved a plea seeking that she be produced in the court. The Unnao girl was produced in the court on Monday. Her parents were also present.

The court took note of a certificate procured by the authorities from local school in Unnao in Uttar Pradesh in which her date of birth was of 2007. The court also took note of various judgments cited by respondents’ side in which it was stated that Aadhaar can’t be a proof of age of a person and that date of birth mentioned in the school record is to get precedent over other records for the determination of the age of a person.

Detailed order of Monday’s proceedings is awaited. However, in the open court, the bench said on the next date of hearing it would also examine about locus standi of the petitioner in filing the plea.

Even as the minor girl stated that she wanted to live with the woman, the court persuaded her and said that her custody can only be given to her natural guardians. On the allegations that the girl was being beaten up by the parents, the court also took undertaking from them against it. The case will be taken up on January 19.