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Samiul Haque (junior lawyer)     18 December 2012

Custody of the minor wife

Whether the husband is entitled to get the custody of his minor wife (Hindu) (17 years) who is presently in the Home, who has given birth to a child a month ago. Moreover in the statements recorded under Section 164 she has categorically stated that she wants to go back to her husband as once her father tried to kill her.



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2012

yes the husband has right to her custody and if she is also agree to live with him no body can force her to go to her father's home.

Tajobsindia (Senior Partner )     19 December 2012

I differ to opinion expressed by ld. Qureshi so summarily!

There are conflict with several laws applicable in reference religion (Hindu) of the parties complaint case before us r/w her age at the time of complaint filing further r/w delivery of child while complaint case is pending and also r/w S. 164 statement of minor Hindu bride mother.

In my opinion this query is very interesting one if it can be detailed (replied) by quoting Act / Code (atleast 9 or 10 Central Acts are involved here) / Sections from Law (atleast 18 different Sections from various enacted Central Acts / Codes gets involved here) / Precedents (atleast 8 cross cases of nearest similar facts r/w 6 SC judgments along with 2 highly disected HC's views touching custody of 'minor Hindu bride mother" are also involved here) further (lastly) r/w 3 Social NGO's broght class action decided suits along with Law Commission of India's [the original LCI not this platform ;(] 2 major Reports are also involved here etc. etc. which makes me say I differ here !

I may later try out explaining with my views (opinions) touching Law points and basis how I arrived (resoning) at 'just' opinion, but before that I would love to hear (basically learn) from ld. Qureshi how he jumped to such summary conclusions with  one masterstroke

Sudhir Kumar, Advocate (Advocate)     19 December 2012

if below 18 then how is she wife the said husband himself is entitled for being taken in custody.


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