Hindu youth wins custody of `minor` wife
A Hindu youth won in a Delhi court the custody of his alleged minor wife of different faith after the girl expressed her wish to be with him.
New Delhi: A Hindu youth on Wednesday won in a Delhi court the custody of his alleged minor wife of different faith after the girl expressed her wish to be with him.
The youth, who was accused of kidnapping the Muslim girl, was granted her custody by Chief Metropolitan Magistrate Vinod Yadav after the girl claimed that she was not a minor and that they had willingly entered into a wedlock.
The youth had also sought custody of his wife on the ground that she is major, that there has been a valid marriage between them and she is therefore, entitled to the comfort and consortium of her married life.
While granting her custody to her husband, the court dismissed an application filed by her brother submitting that he is entitled to the custody of her sister as she is a minor.
"I have spoken to the girl who has claimed herself to be a major and she expressed her wish to go alongwith her husband rather then going with her brother," the court said.
"Considering the facts and circumstances of the case in totality and also giving due regard to the wish of the girl, the custody of the girl is ordered to be handed over to her husband," it said.
A similar application for custody moved by girl`s other brother was also dismissed by the court on May 7, 2012 after her statement was recorded by a magistrate.
The court had relied upon a judgement of the Delhi High Court in which granting of custody of a minor girl to her husband, who was the accused, was held to be legal and valid.
In this case, the boy was accused of kidnapping the girl, who his brothers claimed to be a minor, early this year.
They had, however, got married and the girl claimed she had come off age and was willing to live with her husband.