HC sends minor married girl to Nari Niketan, says won't let her stay with hubby

A minor girl, who married her boyfriend after eloping with him, has been sent by the Delhi High Court to a women's shelter till she attains majority to ensure that she is able to exercise her right to repudiate her marriage, in case she wishes so.

Citing an earlier judgement, a Bench of Justices Sanjiv Khanna and S P Garg refused the minor girl's custody to her husband saying she was a minor - only 15 years 10 months old and she would attain majority after two years.

"Keeping in view the earlier judgement, this court is of the opinion that to keep alive the petitioner No.1's (girl) option of repudiating the marriage, she should not be allowed to reside in the house of petitioner No 2(husband)," the court said after the girl refused to go with her parents.

"The petitioner 1 (girl) on the date of the alleged marriage on August 18, 2012 was only 15 years 10 months old i.e. below the age of majority and having the right under the Prohibition of Child Marriage Act, 2006 to repudiate the marriage at a subsequent date," the court said.

"If the petitioner(girl) delivers a baby, then her option to repudiate the marriage may be rendered illusory as in that case it would stand overtaken by events," the court said and directed the investigating officer (IO) of the case to record the girl's statement and "get her admitted to Nari Niketan till she attains the age of majority that means 18 years."

The court passed the order on the girl and her husband's plea seeking police protection alleging that her parents are against the marriage.

The court, meanwhile, also directed police to provide protection to her husband saying "the beat constable and the SHO of the area where petitioner No 2 (husband) resides shall ensure that no bodily harm or injury is caused to him..."

... contd.

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