<p>‘Such a marriage is not a valid marriage in the strict sense but it is not invalid’, a full Bench comprising Justices K N Basha, T Sudanthiram and S Nagamuthu said, adding, an adult male in a child marriage would not be the natural guardian of the minor girl.<br /><br />As per provision 6(c) of Hindu Minority and Guardianship, the husband of a minor girl was the natural guardian and this provision, however, stood repealed by the Prohibition of PCM Act, the Bench said.<br /><br />The father of a minor girl had filed a Habeas Corpus Petition seeking a direction to the Tiruvallur Town police to secure his 17-year-old daughter from the illegal custody of a person and hand the girl over to him.<br /><br />When the matter had come up before a Division Bench earlier, the girl in an affidavit said that she was in love with the man and had married him in July this year.<br /><br />After hearing rival submissions, the Bench directed the girl be kept in a children’s home run by the government and referred the matter to a full bench to decide whether the marriage of a minor girl could be said to be valid and the custody of the girl be given to her husband. The Division Bench had also sought a ruling from the full bench whether a minor could be said to have attained the age of discretion and thereby walk away from lawful guardianship of her parents.</p>
<p>‘Such a marriage is not a valid marriage in the strict sense but it is not invalid’, a full Bench comprising Justices K N Basha, T Sudanthiram and S Nagamuthu said, adding, an adult male in a child marriage would not be the natural guardian of the minor girl.<br /><br />As per provision 6(c) of Hindu Minority and Guardianship, the husband of a minor girl was the natural guardian and this provision, however, stood repealed by the Prohibition of PCM Act, the Bench said.<br /><br />The father of a minor girl had filed a Habeas Corpus Petition seeking a direction to the Tiruvallur Town police to secure his 17-year-old daughter from the illegal custody of a person and hand the girl over to him.<br /><br />When the matter had come up before a Division Bench earlier, the girl in an affidavit said that she was in love with the man and had married him in July this year.<br /><br />After hearing rival submissions, the Bench directed the girl be kept in a children’s home run by the government and referred the matter to a full bench to decide whether the marriage of a minor girl could be said to be valid and the custody of the girl be given to her husband. The Division Bench had also sought a ruling from the full bench whether a minor could be said to have attained the age of discretion and thereby walk away from lawful guardianship of her parents.</p>