The Patna High Court ruled that until she reaches the age of majority, she cannot be placed under her husband’s care. However, it was specified that she is free to return to her parents if she chooses to do so.
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BIHAR: The Patna High Court has made a significant decision regarding the custody of a minor girl, emphasizing the legal stance on child marriage in India. The court was addressing a habeas corpus petition filed by a 23-year-old man, who sought the release of his wife from the State Girls Care Home. He claimed that she was an adult and had willingly married him. However, the situation was complicated by the fact that the girl’s father had filed a case against the petitioner, the husband, for whom bail had been granted.
The State’s response to the court contradicted the husband’s claims, asserting that the girl was indeed a minor and that their marriage constituted a case of child marriage, which is illegal under Indian law. When the minor was presented before the court last month, she acknowledged that she had married of her own free will and claimed to be of legal age. She expressed a desire to live with her husband and refused to accompany her father.
However, a crucial piece of evidence emerged from her school records, which indicated that she was approximately 15 years old, thus confirming her status as a minor. This revelation brought the case into the ambit of child marriage, a practice prohibited and penalized under Indian law.
Given these circumstances, the court faced a complex question: whether a minor girl, who has consented to marriage, can be compelled to stay at the State Girls Care Home against her wishes, especially when she refuses to go with her parents.
The court said-
“In the present case, respondent no. 11 [minor girl], has specifically refused to go along with her father, therefore, her stay at State Girls Care Home, cannot be said to be detrimental to her well being and her child, she cannot be directed to be released till she attains the age of majority by giving her custody to her husband (petitioner),”
The court’s decision not to hand over the custody of the minor wife to her husband, while simultaneously ordering him to provide financial support for their newborn, reflects a nuanced understanding of the legal and ethical issues at play.
The court added-
“The element of consent is always subservient to overall welfare of a child. Furthermore, the medical hazards in case of a child marriage cannot be overlooked,”
This ruling by the Patna High Court underscores the judiciary’s commitment to upholding the law, particularly in sensitive cases involving minors and the institution of marriage. It highlights the legal challenges in balancing the rights and welfare of minors against the backdrop of cultural and social practices like child marriage. The decision also serves as a reminder of the ongoing efforts needed to address and eradicate child marriage in India, ensuring the protection and empowerment of minors, especially young girls.
[Read Judgment]
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