[Cites 1, Cited by 0]
Madhya Pradesh High Court
Rameshwar Pal vs The State Of Madhya Pradesh on 9 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 9 th OF FEBRUARY, 2026
WRIT PETITION No. 4942 of 2026
RAMESHWAR PAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harshvardhan Sharma - Advocate for the petitioner.
Shri Deependra Singh Kushwah - Additional Advocate General for the respondents
No.1 to 3/State.
ORDER
Per: Justice Anand Pathak
Today, corpus is produced before this Court by Lady Sub Inspector
Rachna Mahore and Lady Constable Sonam Mittal from Police Station Jigna
District Datia.
2. Petitioner and mother of the corpus are present in person.
3. The instant petition is in the nature of habeas corpus .
4. As per the allegations, daughter of the petitioner; namely, Shivani
Pal, aged about 17 years, was in illegal confinement of respondent No.4.
5. This Court raised specific query from corpus about her age and
intention, then she submits that she is about 17 years of age and is in
emotional relationship with Abhay @ Ajay Bharti (respondent No.4 herein).
She wants to marry him, however, her parents tried to fix her marriage at
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Jhansi with somebody else. Therefore, being aggrieved by the same, she
called respondent No.4 and they eloped together. She does not want to live in
maternal home and wants to live with respondent No.4.
6. This Court raised query from petitioner and petitioner submits that
the date of birth of corpus is 1.08.2009 and she would attain majority on 1st
August 2027. It is true that they wanted to marry her after 18 years of age but
they wanted to fix her marriage by engaging her with a boy of their
community at Jhansi.
7. This Court tried to persuade the corpus about her future course of
action. She was suggested to undergo completion of education so that she
can stand on her own.
8. Smt. Anjali Gyanani, Government Advocate present in the Court is
requested to act as "Shourya Didi" for the corpus. She is further requested to
take counseling with the corpus in her chamber so that good sense may
prevail over her.
9 . After counseling is over, parties reassembled in the Court Room.
Smt. Gyanani informs this Court that counseling was successful and corpus is
ready to go with her parents to live in maternal home. However, she raised
the point that her parents may not beat her or may not cause any physical
violence.
1 0 . At this stage, petitioner Rameshwar Pal, who is present in the
Court room, undertakes on his behalf and on behalf of his wife tat they will
not cause any physical violence to the corpus and to take care of her well.
Wife of the petitioner also endorsed the fact.
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11. Considering the submissions and the desire of the corpus that she
wants to live with her parents, she is relegated to her maternal home where
she would study and would try to make her career for secured future.
12. Smt. Anjali Gyanani, Govt. Advocate and Lady Sub Inspector
Rachna Mahore from Police Station Jigna District Datia are requested to act
as "Shourya Didi" for the corpus for next one year.
13. The concept of "Shourya Didi" has been discussed in detail in case
of Harchand Gurjar Vs. The State of M.P. & Ors., ILR 2024 MP 2547 by the
Division Bench of this Court. Relevant discussion about "Shourya Didi" is
reproduced for ready reference as under:-
"5. This is a case where corpus is recovered by police from
the perpetrators of crime and she is willing to go back to her
maternal home with her parents. On surface, things look normal,
but underneath such incident leaves dejection, despondency and
depression into the psyche of a girl who is hardly exposed to the
frailties of human nature. Most of the times, she suffers from
mental and emotional trauma because of nature of incident.
Victims of sexual offences or sometimes girl left her maternal
home for marriage or being annoyed by parents or Child in Need
of Care and Protection are some of the instances where these
children need not only the protection but some affirmative actions
like Encouragement, Guidance or Mentoring for their future
course of life.
6. Who will do this mentoring or guidance, is the question.
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Sometimes parents are illiterate. Sometimes they are busy in
earning both the meals for the day and sometimes they are so
shocked with the incident that they cannot handle such situation.
Then, girl faces the wrath of adverse time.
7. Either parents force her to close her studies or try to
marry her and shift the responsibility. Sometimes they reprimand
or scold the child in such fashion that child again leaves the home
and falls into the trap of perpetrators waiting for such eventuality.
8. One more aspect deserves attention is Stockholm
Syndrome. In such mental situation, out of fear or anxiety or
mental disposition, she falls in love with her own perpetrator or
empathizes with him and surrenders herself to him. Even a Child
in Need of Care and Protection may also undergo any one of such
eventualities, therefore, it appears that parents sometimes are
inadequately equipped to handle such situation as well as the
child.
9. Then another question arises is if not parents, then who
can take the responsibility. In this condition, it appears that
Society/State have to come forward for such purpose. According
to this Court, Shaurya Didi is one such concept which if
implemented effectively, then it can bring change in the lives of
many. Shaurya Didi would be a female Sub Inspector or Constable
or she may be a fit person as per Juvenile Justice Act or may be a
female staff of Women and Child Development Department living
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in the vicinity of child/victim. They can mentor, guide and
encourage the victim to come into main stream and to encourage
her to engage in creative pursuits. This way child would be
encouraged to study or to engage in vocational course so as to
stand on her own in future. Later on, she herself may become a
good volunteer as Shaurya Didi to perform this pious work.
10. This is a concept which requires evolution by the policy
makers to address the plight of victims of sexual offences as well
as Child in Need of Care and Protection and at times for Child in
Conflict with Law also. Concerned departments may think over
framing Statutes/Rules/Guidelines in detail in this regard."
14. Smt. Anjali Gyanani, Govt. Advocate and Lady Sub Inspector
Rachna Mahore from Police Station Jigna District Datia shall take care of
corpus for next one year about her mental and emotional well-being so that
she may lead a normal life. They shall also take some time once in a month
or so to interact with corpus and communicate regularly for next one year to
act as "Shourya Didi" for the corpus so that they can counsel her to become
an independent and self-reliant individual. Corpus will take part in creative
pursuits including education so that one day she may stand on her own.
1 5 . Efforts of Smt. Anjali Gyanani deserve appreciation as she held
counseling session to the Corpus and corpus agreed to go in family fold.
16. With the aforesaid directions, the instant petition stands disposed
of.
17. Corpus is set free. She is permitted to go with her parents to her
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maternal home.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
SP
