Patna High Court Denies Custody of Minor Wife, Orders Husband to Provide Financial Support for Newborn
In a crucial ruling, the Patna High Court has refused to grant custody of a minor wife to her husband, stating that she must continue to stay at a State Girls Care Home. However, the court directed the husband to open a bank account for their newborn child and regularly deposit a significant amount for the child’s welfare.
Case Background
The case involved a habeas corpus petition filed by a 23-year-old man seeking the release of his wife from the State Girls Care Home. He argued that she was an adult and had married him out of her own free will. However, the girl’s father had filed a case against the petitioner, and while he was granted bail, the court needed to verify the legal standing of the marriage.
The State opposed the petition, presenting school records proving that the girl was only 15 years old, making it a case of child marriage, which is illegal under Indian law.
Court’s Observations on Child Marriage
When the girl was produced before the court, she confirmed that she willingly married the petitioner and did not want to live with her parents. However, since official records confirmed her minor status, the court had to determine whether a minor girl, who consented to marriage, could be kept in a State Girls Care Home against her will.
Legal Stand on Child Marriage
The Hindu Marriage Act and the Prohibition of Child Marriage Act clearly prohibit child marriages and penalize those involved in performing such marriages. The court emphasized that:
- A child’s welfare takes priority over consent in such cases.
- Child marriages pose serious medical and social risks.
Court’s Final Ruling
Considering these factors, the court ruled that:
- The minor wife will remain at the State Girls Care Home.
- Her husband must open a bank account for their newborn and deposit money regularly.
- The Child Welfare Committee (CWC) will monitor the girl’s well-being through regular inspections.
- If the girl wishes to return to her parents, the CWC may allow it through an appropriate order.
With this decision, the Patna High Court reinforced the importance of child welfare over individual consent, sending a strong message against child marriage in India.
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