Parents can’t take major girl into custody: HC

The High Court on Monday ruled that parents cannot take a major girl into custody if she marries someone according to law. This order was passed by a Division Bench comprising Justice Shylendra Kumar and Justice B V Pinto, which was hearing a habeas corpus petition filed by a girl’s parents seeking her custody after her marriage without heir consent. The court sent the girl with her husband and  dismissed the petition.

Sowmya (19) a BCom student and Rakesh (23) (both names changed) had fallen in love. But her parents opposed their love. They made her discontinue studies and got her engaged to another man. However, the lovers ran away from home and  got married at Tirupati. They registered their marriage at the Sub-Registrar’s office there. 

Meanwhile, Somya’s parents registered a missing case in the police station. When it came before the court, it ordered the police to produce the girl. Accordingly, the police produced the girl before the division bench on Monday.

During the hearing, Sowmya told the bench that she likes to be with her husband and her parents got her engaged to another man against her wishes.

Her father prayed to the court to send her to his house. The bench said, “The court cannot send the girl with you for emotional reasons. As they have married according to the law, let them live happily.”