2 min readNew DelhiOct 23, 2012 11:56 AM IST
First published on: Oct 23, 2012 at 11:56 AM IST
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 2husband, 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 petitionergirl 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…
The court has allowed the husband to meet the girl twice in a week for two hours each day.
Further,the Cench directed the girl’s parents not to marry the girl to anyone else without her consent and till she attains the age of majority.
Share
