The Patna High Court has refused to hand over the custody of a minor wife to her husband and directed that she remain in a State Girls Care Home. The ruling came from a division bench of Justice PB Bajanthri and Justice Ramesh Chand Malviya.
The Court ordered the husband to open a bank account in the name of the couple’s newborn child and regularly deposit a “considerable amount” for the baby’s welfare.
The case began with a habeas corpus petition filed by a 23-year-old man seeking his wife’s release from the care home. He claimed she was an adult who married him willingly. However, the State presented evidence that the girl was around 15 years old, based on her school records, making it a case of child marriage prohibited under the law.
When produced before the Court, the girl confirmed she had married of her own choice and wanted to live with her husband, refusing to return to her father. But the Court emphasised that both the Hindu Marriage Act and the Prohibition of Child Marriage Act penalise child marriages, regardless of consent.
The judges noted that the welfare of a minor is the top priority, stressing the health risks and legal consequences of child marriage. They ruled that the girl would remain in the care home, with the Child Welfare Committee conducting regular inspections. If she chooses to live with her parents in the future, the CWC may permit it through an appropriate order.
Case title: Nitish Kumar @ Nitish Ram vs The State of Bihar and Others
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
