The Patna High Court on Tuesday refused to hand over the custody of a minor girl to her husband and ordered that she would continue to remain at a State Girls Care Home.

However, the division bench of Justice PB Bajanthri and Justice Ramesh Chand Malviya directed the husband to open a bank account in the name of the couple’s newborn child and regularly deposit a “considerable amount” of money in it.

The Court was dealing with a habeas corpus plea filed by a 23-year-old man who sought a direction for his wife’s release from the State Girls Care Home. 

He claimed she was an adult and had married him out of her own will. The Court was also told that the girl’s father had filed a case against the petitioner (the husband) in which he has been granted bail. 

Contradicting the submissions, the State told the Court that the girl was found to be a minor and that it was a case of child marriage which is prohibited under law. 

When the minor was produced before the Court last month, she accepted that she had married out of her own will and claimed to be a major. She also said she wants to reside with her husband and refused to go with her father.

However, her school records revealed that she is a minor, aged around 15 years.

In this backdrop, the Court considered whether a minor girl who marries a person with her consent can be compelled to stay at the State Girls Care Home when she refuses to accompany her parents.

Considering the legal position, the Court noted that both the Hindu Marriage Act and the Prohibition of Child Marriage Act penalise the performance of child marriage.

The Court also opined that welfare of a girl child is paramount consideration and highlighted the consequences of child marriage.  

“The element of consent is always subservient to overall welfare of a child. Furthermore, the medical hazards in case of a child marriage cannot be overlooked,” it added.

In this backdrop, the Court refused to release the minor girl to the husband’s custody and ordered that she will continue to remain at the State Girls Care Home. 

The Court further ordered the Child Welfare Committee (CWC) to monitor her well being by making periodical inspections of the place.

However, the Court also clarified that if at any time, the girl wants to go to her parents, the CWC shall permit her to do so by passing an appropriate order.

Case title: Nitish Kumar @ Nitish Ram vs The State of Bihar and Others