The Haryana High Court has issued a ruling in a case that involved a 17-year-old minor couple who got married against the consent of the girl’s parents and permitted the girl to live with her in-laws.
In this case, a 17-year-old girl and a boy were allegedly married to each other and the girl’s parents had objected to the marriage. The parents had approached the High Court. The court ruled that the girl was allowed to stay with the boy’s mother until she reached the age of majority.
“In considering their request, there is no clarity in our laws regarding child marriages. It is also unclear in the Hindu Marriage Act between non-major persons. The Protection of Children from Sexual Offenses Act, 2012 makes it a crime to have any sexual activity or sexual intercourse with a woman under the age of 18, even if she is his wife. Exception 2 to Section 375 IPC states that sexual and sexual acts with a wife over the age of 15 are not abusive. There are many contradictions like this,” the court pointed out.
“The court cannot say that we should forcibly hand over the girl to her parents or keep her in a care home until she turns 18, against her will. Therefore, the girl can stay with the boy’s mother under police surveillance until she reaches the age of 18, which should be monitored by the Child Welfare Committee, ”the court further ordered.