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No Inherent Right Vested In Husband Or His Relatives To Claim Custody Of Minor Girl By Filing Habeas Corpus Plea: Punjab & Haryana High Court

Underlining the principle of paramount welfare of child, the Punjab and Haryana High Court has held that a minor girl who marries with her consent and refuses to stay with her parents, can be sent to child protection home. A Single Bench of Justice Jasgurpreet Singh Puri held that there is no inherent right vested in the husband or his relatives to claim custody of the minor girl by filing writ of habeas corpus.”Keeping a minor girl child in such like circumstances either by an order of judicial Court or by the Child Welfare Committee by following proper procedure cannot be held to be an illegal detention,” it held. It further held that the plea taken by the in-laws of such minor girl that the marriage was performed with the girl’s consent would pale into insignificance in view of the fact that child marriage itself is an offence.

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