Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority (on June 7). In the interim, the court has placed her in her father's custody for 18 days, citing the need to ensure her safety and well-being. A bench of Justice Mohd. Faiz Alam Khan was essentially dealing with the habeas corpus petition...
Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority (on June 7). In the interim, the court has placed her in her father's custody for 18 days, citing the need to ensure her safety and well-being.
A bench of Justice Mohd. Faiz Alam Khan was essentially dealing with the habeas corpus petition filed by the alleged husband of the girl, claiming that her parents had detained her against her wishes even though she wanted to reside with him in a marital relationship. In the petition, it was claimed that she is a major.
A copy of the application allegedly written by the corpus addressed to the SHO (Para Police Station in Lucknow) was attached with the petition, which prima facie revealed that she stated that she had solemnized her marriage with the petitioner and that she is not being allowed to accompany the petitioner.
Hearing the matter on May 10, the Court directed the concerned SHO to produce the minor girl personally, having regard to her decency and security so that
On May 23, the girl's family informed the court that, despite the petitioner's claim that the detenue was a major, her school records indicated she was born on June 7, 2006, making her a minor.
Based on these documents, the court concluded that while her consent should be respected, it could not be acted upon.
In her interaction with the court, the detenue (minor girl) initially showed some reservations about her residence with her parents, but later on, she appeared to be in agreement that she may live with her parents until she reached majority. She, however, sought a direction from her parents not to scold her.
Concerning the fact that the minor girl would be attaining majority on June 7, 2024, the Court directed to list the case on June 10, 2024, by which date detenue may also attain majority, and by that date, respondent no.4 (father) may also file a counter affidavit in the matter.
The Court further directed the concerned Station House Officer to produce the detenue again before this Court personally in adequate security and about her decency on the next listing date.
Additionally, the Court directed the father of the detenue to keep the corpus in his safe custody and he shall be personally responsible for her security and welfare.
The SHO was also directed to ensure the security and welfare of the daughter by making regular visits to the house of the father of the detenue.