Patna High Court refused to hand over the custody of a minor girl to her husband and ordered that she remain in the Government Girls Home.

A division bench of Justice PB Bajanthri and Justice Ramesh Chand Malviya, hearing a case, directed the husband to open a bank account in the name of the couple's newborn child and deposit the appropriate amount regularly.

The court heard a habeas corpus petition filed by a 23-year-old youth who had sought directions for the release of his wife from the state girl care home. The wife claimed that she was an adult and that she had married him of her own free will.

It was also brought to the attention of the court that the girl's father had filed a case against the petitioner, in which he has been granted bail.

The girl also said that she wanted to live with her husband but refused to go with him. However, her school records revealed that she is a minor, aged around 15 years. This case pertains to the Salimpur OP of the Bakhtiyarpur police station area of ​​Patna district.

The court said in its decision that the minor girl had specifically refused to go with her father. Therefore, her stay in the State Girls Care Home cannot be said to be prejudicial to her well-being or that of her child.

The court, in its judgment, said that there is no inherent right vested in the husband to claim the custody of the minor girl through a writ of habeas corpus on illegal detention. Opposing the arguments, the state government told the court that the girl was found to be a minor and it was a case of child marriage, which is prohibited under the law.

The court said that both the Hindu Marriage Act and the Child Marriage Prohibition Act penalize child marriage. It also said that a girl's welfare is paramount. The High Court ordered the minor to stay in a government girls' home and deposit money for the newborn.