Taking an unusual stance, the Delhi High Court has permitted a 17-year-old girl to stay with her husband whom she had married against her parents’ wishes. The minor’s kin had allegedly refused to let her enter the paternal house and take care of her. After her marriage in December, she was allegedly forced to make statements against her 21-year-old husband which led to his arrest.
According to the girl’s petition, soon after the marriage, her parents levelled charges of kidnapping and assault against her husband, and even forced her to make a statement against him to the police and a magistrate.
Her husband was arrested but later released on bail in March. She then approached the court seeking help. She also told the court that she was physically assaulted and abused by her brothers and sister-in-law.
The court sent the girl to the Nari Niketan, which runs the state government’s shelter Nirmal Chhaya, and arranged for counselling sessions for her and her parents in order to facilitate a reconciliation. However, on the next date of hearing, the minor’s parents refused to keep her with them. They also told the court that none of their relatives or friends were willing to keep the girl with them.
Hence, the high court decided to make an exception in the case and permitted the girl to stay with her husband even before she turns 18 in September. It also directed the state government to ensure her safety.
“We are faced with a very peculiar and difficult situation. Parents of the girl are hesitant and do not want to keep her.
She has vociferously expressed her reservations against staying at the hostel. In these circumstances, we accept the prayer made that she should be allowed and permitted to go and stay with her husband as this is the only possible option available,” said the court in the order.
Cases involving a minor girl and a boy who has attained the prescribed age of marriage are highly debated. The question on whether the husband in such a case can be regarded as the lawful guardian of the minor wife and claim her custody are largely discussed and a petition raising such queries is currently pending in the court.
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