Allahabad HC: Minor girl who marries on her own doesn’t have statutory right to live with husband

Team SoOLEGAL 5 Feb 2021 3:14pm

Allahabad HC: Minor girl who marries on her own doesn’t have statutory right to live with husband

The Allahabad High Court on 27th January, 2021, while hearing an appeal Pradeep Tomar and Another Vs. State of U.P. and Another,[1] had held that, if a minor girl marries on her own will, then she will not be allowed to stay with her husband until she attains the age of majority. Justice JJ Munir was hearing the plea and directed the State Government to arrange an accommodation for the minor girl with all the facilities till she attains the age of majority. The Court had also directed to appoint a woman magistrate for supervising the minor girl.

The Court had ordered the Hapur District Judge to send a woman magistrate to meet the girl once a month for surveillance while acknowledging the petition of Pradeep Tomar and others. The SSP Prayagraj was also ordered by the Court to take the girl to SP Hapur. This particular petition challenged the order of Judicial Magistrate in which the Magistrate had allowed the minor to stay with her husband. However, the High Court had rejected the order of the Magistrate by stating that the minor after attending the age of majority can stay with whoever she wants.

The petitioner had lodged an FIR against an individual named Pintu alleging that he had abducted the petitioner’s daughter. According to the daughter’s birth certificate she is 16 years old and in the statement, the minor girl had told to the magistrate that she had gone with Pintu on her own free will. She had also stated that, she had married him and she wants to live with him.

The order of the Magistrate was challenged by the father in the High Court. The petitioner that is the father had stated that, a marriage of a minor is invalid and a minor cannot be allowed to live with anyone else without the permission of her natural guardian. The child, who appeared before the High Court, also expressed her intention to remain with her partner, refusing to accompany her parents on which, the Court had ordered the authorities to take action until the minor attains the age of majority.

Tagged: Allahabad HC   Minor girl   Justice JJ Munir   Judicial Magistrate  
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