NO INHERENT RIGHT VESTED IN THE HUSBAND OR HIS FAMILY TO CLAIM CUSTODY OF A MINOR GIRL

12th March 2021

The Punjab HC - Justice Jasgurpreet Singh Puri held that a minor girl who marries with her consent and refuses to stay with her parents could be sent to child protection home. The Court further held no inherent right vested in the Husband or his family to claim custody of a minor girl by filing a writ petition.

Neha's parents filed an FIR after she married a boy named Harpreet. Being a Minor girl - 16.5 yrs old, she consented to the marriage. Neha was sent to Nari Niketan after the FIR as she was not willing to stay with her parents. A Habeas Corpus petition was filed by Harpreet’s sister-in-law seeking Neha’s release from illegal detention.

The Court held that “The plea taken by the counsel for the petitioner that the marriage was performed with the consent of a minor girl would pale into insignificance since child marriage itself is an offense although it may not be illegal under the Hindu Marriage Act”.  She will not be released until she attains the age of majority by giving her custody to her husband or the petitioner, who is stated to be her sister-in-law. If Neha expresses her desire to go to her father/parents, then the Child Welfare Committee shall permit her to do so.

Author: Papiha Ghoshal