Additional Sessions Judge Sanjay Garg gave the custody of 16-year-old girl, an East Delhi resident to her husband from Uttar Pradesh after she told the court that she had willingly married him and wished to stay with him instead of with her parents or at Nirmal Chhaya, a woman-cum-children welfare home.
ASJ Garg gave the girl's custody to the youth, relying on higher court rulings which said natural guardian of a married Hindu minor girl is her husband and the preferences of minor, who is old enough to make an intelligent decision, ought to be considered by the court.
"The girl is no longer required to be kept at Nirmal Chhaya. She being minor, subject to her wish her custody be given to appellant husband. The revision petition is allowed," ASJ Garg said.
The sessions court gave its ruling, setting aside the Child Welfare Committee's order, which had denied the youth the custody of his minor wife, who had been lodged at Nirmal Chhaya for the last five months after the youth's arrest on charges of her kidnapping.
The youth, after securing bail, had first moved the CWC and then the sessions court, for her custody. In his plea to the sessions court, he had argued that the CWC order was passed in a "mechanical manner" without appreciating the facts.
He said the girl was his legally-wedded wife since 2010 and had been happily living with with him and his family for over a year and she has not consented to go with her parents.
While allowing the minor girl's custody to her husband, the court rejected her parents' contention that her marriage was illegal as she was a minor and her custody should be give to them.
The court also noted that an inquiry was conducted by the CWC and the police regarding the age of the girl and as per the report of the Station House Officer, her school records showed her age to be more than 16 years.
