PATNA: Patna HC has denied custody of a minor wife and her newborn to her husband, ruling that the “best interest” of the mother and her baby is in residing at a girls’ shelter home until she reaches the age of majority. A division bench of judges
PB Bajanthri and Ramesh Chand Malviya
, in response to a habeas corpus petition filed by Nitish Kumar aka
Nitish Ram
, issued the judgment Tuesday.
HC directed the child welfare committee, established under Juvenile Justice Act, to regularly monitor the care and welfare of the mother and her newborn in the shelter home. The husband was also instructed to open a bank account and make periodic deposits for the maintenance and welfare of the baby.
The husband had sought a directive from HC to release his wife and child from
Girls Care Home
in Gaighat area of Patna, where she was placed due to being below 18 — the legal minimum age at which a woman can marry in India.
The petitioner argued that his wife, although underage, was not a “tender child” and had willingly entered into a love marriage. However, fearing potential threats to her life from her parents, she declined to seek refuge under their guardianship, he contended.
The judges, relying on
Supreme Court
judgments, concluded that the paramount consideration is the continuous protection and safety of the mother and child, which is best ensured at the care home.
English (US) ·