The Patna High Court declined to grant custody of a minor girl to her husband, directing her to remain at a State Girls Care Home. The division bench of Justice PB Bajanthri and Justice Ramesh Chand Malviya ordered the husband to open a bank account for their newborn and regularly deposit a “considerable amount.”
The habeas corpus plea was filed by a 23-year-old man seeking his wife’s release from the State Girls Care Home, claiming she married him willingly. Despite his bail grant in a case filed by the girl’s father, the State argued she was a minor, citing child marriage laws.
Although the minor asserted she married willingly and wanted to stay with her husband, her school records revealed she was around 15 years old. The Court pondered whether a minor, with her consent, can be compelled to stay in a Care Home.
Considering legal aspects, the Court highlighted that both the Hindu Marriage Act and the Prohibition of Child Marriage Act penalize child marriage. Emphasizing the paramount consideration for the welfare of the girl child, the Court refused to release her to the husband’s custody. Instead, she will remain in the Care Home, monitored by the Child Welfare Committee (CWC).
The Court clarified that if the girl desires to go to her parents at any time, the CWC shall permit her by issuing an appropriate order.
Case Title: Nitish Kumar @ Nitish Ram vs The State of Bihar and Others
