Introduction:

The Patna High Court recently addressed a habeas corpus petition seeking custody of a minor girl by her alleged husband. The court observed that when a girl is below the age of majority and expresses fear of life with her parents, the court may intervene to protect her welfare. Rejecting the petitioner’s claim, the court emphasized that there is no inherent right for a husband to demand custody, especially when child marriage laws are violated. The judgment delves into the complexities of child marriages, consent, and the paramount importance of a girl’s welfare.

Arguments of Both Sides:

The petitioner, claiming a voluntary marriage with the minor girl, sought her release from a shelter home. The State argued that, being underage, the marriage was illegal, and the girl’s stay in the shelter home was in her best interest until she reached adulthood.

Court’s Judgement:

The Patna High Court, considering the girl’s age, school records, and birth certificate, affirmed that she was underage, making the marriage illegal. Citing the Supreme Court’s stance on child marriages, the court prioritized the girl’s welfare over her consent. Stressing the detrimental effects of child marriages, the court rejected the petitioner’s plea for custody and directed the Child Welfare Committee (CWC) to monitor the girl’s well-being in the shelter home. Additionally, the court mandated financial support for the girl’s child and allowed a return to her parents if she desires before turning 18.