HC gives minor girl’s custody to father, directs that he will not harm her & allow her to marry boy of her choice after she turns 18

Read Order: SONU v. STATE OF PUNJAB AND OTHERS 

LE Correspondent

Chandigarh, July 12, 2021: Deciding a plea seeking protection filed by a couple in a live-in relationship, the Punjab and Haryana High Court has handed over the custody of the girl — a minor — to her parents but with the condition that they will not harm her and after attaining the age of 18 years she will be at liberty to marry the boy of her choice.

The directions came after the minor girl — who the high court spoke through video conferencing from the women’s protection home where she was sent under the court’s protection last month — expressed her willingness to go with her father but requested for issuance of appropriate directions for protection of her life and liberty so that she is not forced to marry some other person against her will.

Deciding the matter, the Bench of Justice Arun Kumar Tyagi said the girl’s custody is to be entrusted to her father subject to the condition that he shall not cause any harm to her and shall not force her to marry any person against her wishes at any time before or after attaining of majority by her.

“For protection of life and liberty of girl and ensuring her welfare, it is also directed that the Chairman or any of the members of the Child Welfare Committee, Ludhiana shall periodically visit house of the petitioner and Secretary, District Legal Services Authority, Ludhiana shall depute some lady Advocate on its Legal Aid Panel to periodically visit house of the girl for interacting with her for ascertaining her well being and providing requisite help and taking appropriate steps for her welfare as may be required,” the high court ordered.

The Bench further said, “The Child Welfare Committee and the District Legal Services Authority, Ludhiana shall also be at liberty to move this Court for issuance of appropriate directions in this regard as may be required in the facts and circumstances of the case.”