Holding that their marriage was not legally valid, the Madras High Court today rejected the plea of a 17-year-old girl to go with her husband.
Hearing a Habeas Corpus petition by one A Ganesh, husband of the minor girl, a Divison Bench of Justice S Tamilvanan and Justice V S Ravi of Madurai bench said that the marriage between the couple was not legally valid.
The court directed police to lodge the girl in a women's home till April 15 this year, when she becomes major, and produce her before the court the next day for passing final orders.
Also Read
The court could not permit her to go with the petitioner as it would be against law.
The court said that the Delhi High Court order cited by the petitioner's counsel, permitting a minor girl to go along with her lover, was not a reasoned decision and it was a judgement passed without reference to statutory provisions.
The Justices said a marriage involving a minor girl would be a nullity in the eye of law and there was no necessity even to obtain a divorce decree with regard to such a marriage.
They opted for the Class 10th certificate of the girl to determine her age though the petitioner produced a doctor's opinion to prove that she was major.
"Only school certificate will prevail," the court said.
