Legal Limbo: Allahabad High Court Sends Minor to Father’s Custody Pending Majority

The Allahabad High Court has postponed its decision regarding a minor girl’s request to live with her ‘husband’ until she reaches the age of majority on June 7. Meanwhile, the court has placed her in her father’s custody for 18 days to ensure her safety and well-being. This decision came during the hearing of a habeas corpus petition filed by the alleged husband, who asserted that the girl’s parents were detaining her against her wishes, despite her desire to live with him in a marital relationship. The petition contends that she is of legal age.

The petition included an application purportedly written by the girl to the SHO of Para Police Station in Lucknow. This document indicated that she claimed to have married the petitioner and was being prevented from joining him. The Court, during the May 10 hearing, instructed the SHO to ensure the girl’s personal appearance for the sake of her dignity and safety.

The girl’s family informed the court on May 23 that despite the petitioner’s claim of her being a legal adult, her school records revealed her birthdate as June 7, 2006, indicating her minor status. Consequently, the court acknowledged the importance of her consent but couldn’t act upon it. During her interaction with the court, the minor initially expressed reluctance about residing with her parents but later agreed to do so until she reached adulthood. She did, however, request her parents refrain from scolding her.

The Court scheduled the case for June 10, 2024, coinciding with the minor girl’s attainment of majority, and instructed the father to submit a counter affidavit by that date. Additionally, the SHO was ordered to ensure the girl’s appearance in court with adequate security and dignity on the next hearing. The father was directed to ensure the girl’s safety and well-being while in his custody, with the SHO tasked with regularly checking on her welfare at their residence.