Last week, the Allahabad High Court postponed its ruling on permitting a minor girl to live with her 'husband' until she reaches the age of majority (on June 7). During this period, the court has entrusted her custody to her father for 18 days, emphasizing the importance of safeguarding her safety and welfare.

A panel led by Justice Mohd. Faiz Alam Khan was primarily addressing a habeas corpus petition filed by the purported husband of the girl. He alleged that her parents had unlawfully confined her despite her desire to live with him in a marital union. The petition asserted that she is of legal age.

The petition included a purported copy of an application supposedly written by the girl to the Station House Officer (SHO) of Para Police Station in Lucknow. This document, on initial examination, indicated that she claimed to have entered into marriage with the petitioner and asserted that she was being prevented from accompanying him.

Upon hearing the case on May 10, the Court instructed the relevant Station House Officer (SHO) to present the minor girl in person. Subsequently, on May 23, the girl's family informed the court that despite the petitioner's assertion that the detainee was of legal age, her school records revealed her birth date as June 7, 2006, confirming her status as a minor.

Based on these documents, the court determined that although the girl's consent should be acknowledged, it could not be legally acted upon due to her minor status.

During her interaction with the court, the minor girl initially expressed some hesitations regarding residing with her parents. However, she later indicated her agreement to stay with them until she reached adulthood. Nonetheless, she requested the court to direct her parents not to scold her.

Considering that the minor girl would reach the age of majority on June 7, 2024, the Court ordered the case to be scheduled for June 10, 2024. By this date, the girl would have attained majority, and her father, the fourth respondent, would also be given the opportunity to submit a counter affidavit.

Additionally, the Court instructed the relevant Station House Officer to ensure the girl's personal appearance before the Court on the next scheduled date, with adequate security measures in place to safeguard her dignity.

Furthermore, the Court directed the detenue's father to assume responsibility for her safekeeping, ensuring her security and welfare while in his custody. The Station House Officer (SHO) was also instructed to monitor the daughter's security and welfare by conducting regular visits to her father's residence.