The Punjab & Haryana High Court in the instant case held that, if a minor girl marries with her consent and refuses to stay with her parents, she can be sent to child protection home and neither her husband nor his relatives have a vested inherent right to claim her custody by filing a writ of habeas corpus.
The bench made this observation by upholding the underlying principle of welfare of child. The bench stated that even though the marriage was performed with the minor girl’s consent, the consent factor would fade away as child marriage itself is an offence.
In the instant case i.e. Ranjeet Kaur v State of Punjab & Ors., a girl who’s age is 16.5 years, married petitioner’s brother. The girl’s parents lodged an FIR on the basis of which girl’s husband was arrested and the girl was sent to Nari Niketan as she did not wanted to go with her father.
The petitioner filed said petition and sought for girl’s release from alleged illegal detention. Upon hearing the submissions of both the parties, the court observed that though the marriage had been performed with the girl’s consent, it might not be illegal, but is a voidable marriage under the Prohibition of Child Marriage Act.
The bench also stated that there are various logical reasons behind a legislation which makes it mandatory for a girl to be of 18 years of age for performing marriage.
The bench also highlighted various evil effects of female girl child marriage which includes serious health problems and chances of violence, affects them psychologically and socially by denying them access to possible social networks.
The bench noted that the girl is not facing any difficulty while staying at Nari Niketan or Child Protection Home. The bench also stated that her stay at Nari Niketan cannot be said to be detrimental to her well-being.
The bench held that the girl would continue her stay at Nari Niketan until she reaches the age of majority. It also directed Child Welfare Committee to make periodical inspections and monitor the well-being of girl.
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