The Allahabad High Court while dealing with a petition seeking to set aside an order passed by Judicial Magistrate I, Hapur has held that a minor girl who has married with her own free will, have no statutory right to live with her husband.
“It would, therefore, be open to the prosecutrix to acknowledge the marriage or claim it to be void, once she attains the age of majority. It would also be open to her, once she attains the age of majority, to go wherever she likes and stay with whomsoever she wants.”
The above direction has been passed by the Single Bench of Justice J J Munir while quashing the order passed by the District Magistrate, Hapur. The petitioner has approached the high court under Article 227 of the Constitution, and filed the present petition seeking to set aside an order passed by Judicial MagistrateI, Hapur, directing that the prosecutrix Km. Shivani be permitted to go along with her husband.
The counsel on behalf of the petitioner has submitted that the prosecutrix, being a minor, cannot be permitted to stay in a matrimonial relationship, where the marriage would be void under Section 12 of the Prohibition of Child Marriage Act, 2006 (for short, ‘the Act of 2006’).
It has further submitted that in any case the prosecutrix, who is not a major, cannot be permitted to stay with her husband and ought not to be allowed to accompany him. Doing so, would be permitting statutory rape and also an offence under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.
Whereas, the counsel on behalf of the opposite party has submitted before the court that the prosecutrix in her stand before the Magistrate has made it clear that she has married the accused Pintoo of her free will and wishes to stay with him. He also pointed out that the parties's marriage has been registered under the U.P. Marriage Registration Rules, 2017 by the Marriage Registration Officer, Ghaziabad.
He has drawn the attention of this Court towards a certificate of the registration of marriage. The court has directed to District Magistrate, Hapur and the Superintendent of Police, Hapur to ensure that the prosecutrix is immediately housed in a suitable Safe Home/Shelter Home, or other State facility where she would be safe and taken care of.
The court has also directed to ensure that a Lady Judicial Officer, posted in his Judgeship, will visit the prosecutrix once a month and inquire about her welfare. In case there is anything objectionable, she will immediately report the matter to the District Judge, who will take appropriate steps to ensure the prosecutrix's welfare during her stay in the State facility/Safe Home/ Shelter Home, wherever she is housed.
Case details:
Case:- MATTERS UNDER ARTICLE 227 No. - 4804 of 2020
Petitioner:- Pradeep Tomar And Another
Respondent:- State of U.P. and Another
Counsel for Petitioner:- Dhirendra Kumar Agrahari,Sudhir Mehrotra
Counsel for Respondent:- G.A.,Rama Shankar Mishra
Bench: Justice J J Munir
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