Despite marrying willingly, minor can't live with husband: Allahabad HC
Despite marrying a man willingly after being lured out of the custody of her legal guardian, a minor girl cannot live with her husband, the Allahabad High Court has ruled. A bench of Justice JJ Munir, however, said that once the girl turns major, she would attain the freedom to either accept the marriage or seek its annulment and live with anyone she likes.
Earlier, Hapur magisterial court allowed her to stay with husband
The bench delivered the verdict on January 27 on a plea by the girl's father challenging a Hapur magisterial court's November 24, 2020 judgment permitting the girl to live with her husband. The counsel for the girl's father submitted to the court that as per the high school certificate, the girl was just 16 years old when she was lured by Hapur resident Pintoo.
Girl admitted she married with free will and wasn't forced
The Counsel argued that the girl cannot be allowed to live with her husband because she is yet to turn 18. However, the girl has acknowledged that she married her husband Pintoo with free will and she doesn't want to live with her parents.
Government to provide shelter to girl until she turns 18
The court said the marriage as per law is voidable. Therefore, she is open to acknowledging her marriage or can seek an annulment after turning 18. Further, the court directed the State Government to provide a shelter home for the girl and asked the Hapur district judge to depute a woman judicial officer to visit her once every month to inquire about her welfare.
