Allahabad HC: Minor girl who marries on her own doesn’t have statutory right to live with husband
A minor girl who marries on her own will not have the constitutional right to live with her husband, the Allahabad High Court has recently held. She cannot be allowed to live with her husband until she attains adulthood. Justice J.J. Munir ordered the State Government to arrange for the girl to stay until she enters adulthood in secure accommodation with facilities. She will be under the supervision of a female magistrate during this time. The Court demanded that the Hapur District Judge send a woman magistrate to visit the girl for supervision once a month, while acknowledging the plea of Pradeep Tomar and others. SSP Prayagraj was directed to take SP Hapur to the child. The Court said that she should live with whoever she wants to until the girl reaches a majority.
The petition challenged Judicial Magistrate Hapur's order in which he allowed the minor girl to live with her husband. The girl declined to accompany her parents and expressed her wish for her husband to live with her. The High Court quashed the order of the magistrate that permitted the minor girl to live with her husband, as opposed to the statute.
An FIR for the kidnapping of the daughter was filed by the petitioner. The FIR alleges she was seduced by a youth named Pintu. In a statement to the magistrate saying that she had gone with Pintu of her own free will, the girl is 16, according to the school certificate, married him and now decided to live with him. he girl's father appealed the magistrate's order in the High Court. He said that because she is a minor, since he is the natural guardian, no one should be allowed to live with someone against the will of the father. Marriage to a minor is therefore invalid. The child, who had appeared before the High Court, had expressed her desire to remain in court with her husband and declined to accompany her parents. The Court then directed the authorities into action before she secured a majority.