A Delhi High Court bench gave this ruling in response to a division bench reference as to whether a minor can be said to have reached the age of discretion and thereby walk away from the lawful guardianship of her parents.
"We are of the opinion that simply because the marriage is not void, it should automatically follow that the husband is entitled to the custody of the minor girl," the three-judge bench headed by Acting Chief Justice A K Sikri said.
"But, allowing the husband to consummate a marriage may not be appropriate more so when the purpose and rationale behind the PCM (Prevention of Child Marriage) Act is that there should be a marriage of a child at a tender age as he or she is not psychologically or medically fit to get married.
"Such a marriage, after all, is voidable and the girl child still has the right to approach the court seeking to exercise her option to get the marriage declared as void till she attains the age of 20 years," said the bench, also comprising justices Sanjiv Khanna and V K Shali.
"How would she be able to exercise her right if in the meantime the marriage is consummated when she is not even in a position to give consent which also could lead to pregnancy and child bearing. Such marriages, if they are made legally enforceable will have deleterious effect and shall not prevent anyone from entering into such marriages," the court also said. (MORE)