The Allahabad High Court has recently held that a minor girl who marries on her own will not have the statutory right to live with her husband. She cannot be allowed to live with her husband until she attains adulthood.
Justice J.J. Munir directed the State Government to arrange for the girl to stay in safe accommodation with facilities till she attains adulthood. During this time, she will be under the supervision of a woman magistrate. The Court has asked the District judge of Hapur to send a woman magistrate to visit the girl once a month for supervision, while accepting the plea of Pradeep Tomar and others. The SSP Prayagraj has been directed to take the girl to SP Hapur.
The Court said that once the girl attains majority, she can live with whoever she wants to. The petition challenged the order of Judicial Magistrate Hapur in which he allowed the minor girl to live with her husband. The girl refused to accompany her parents and expressed her desire to live with her husband. The High Court quashed the magistrate order allowing the minor girl to stay with her husband, as being against the law.
The petitioner had filed an FIR for the abduction of the daughter. The FIR alleges that a youth named Pintu was seducing her. According to the school certificate, the girl is 16, in a statement to the magistrate stating that she had gone with Pintu of her own free will, married him and now wanted to live with him.
The father of the girl challenged the magistrate’s order in the High Court. He said since she is a minor, no one can be allowed to live with anyone against the will of the father as he is the natural guardian. Also marriage by a minor is void. The girl, who appeared in the High Court, also expressed her desire to stay with her husband in Court, refusing to accompany her parents. Upon which, the Court directed the authorities into action till she attains majority.Pradeep_Tomar_And_Another_v__State_of_UP