Patna: The Patna High Court on Thursday refused to give the custody of a wife and her newborn to her husband on the ground that she is a minor and is below 18 years of age. The bench comprising Justice PB Bajanthri gave the order while hearing a habeas corpus petition of her husband Nitish Kumar.
The court instructed that until the girl attains adulthood, she will remain in the Government Women's Care Home. The court has also directed Nitish Kumar to open a bank account for the care and welfare of the newborn baby and deposit a sufficient amount in that account from time to time.
According to the Child Marriage Prohibition Act, 2006, the age of a girl for marriage is 18 years, which has now been increased to 21 years by the Government of India. That means no girl before the age of 21 will be considered an adult for marriage. If a girl is married at a younger age than this, there is a provision for punishment in the law.
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