Tamil Nadu - Madurai   

Parents denied custody of minor pregnant girl

Staff Reporter

Madurai Bench directs her to live with husband

MADURAI: Extraordinary circumstances require extraordinary relief. In one such case, the Madurai Bench of the Madras High Court has denied the custody of a 17-year-old pregnant girl to her parents.

Instead, the girl was permitted to live with her husband in the interest of the foetus borne by her.

Disposing of a habeas corpus petition filed by her father from Sivaganga, a Division Bench comprising Justice Dharma Rao Elipe and Justice P.P.S. Janarthana Raja said that it might not be wise to lodge the girl in a Government home, until she attains majority, since she might suffer mental agony and psychological depression, which would have a bearing on the foetus.

On the other hand, the girl may be subjected to harassment by her parents if she is directed to live with them.

Naturally, the parents would be disturbed because their daughter had married without their consent.

"Therefore, in the extraordinary circumstance, we consider it appropriate that even though the detenue is a minor girl, allowing her to go and live with her husband according to her wish and considering the interest of the foetus, will meet the ends of justice and accordingly, ordered," the Bench added. However, the parents were permitted to visit the girl any time.

In turn, the youngster and his relatives were directed not to stand in the way of the parents if they wish to meet their daughter at any point of time.

Earlier during arguments, the petitioner's counsel challenged the claim made by the girl that she was three months pregnant. However, a medical test conducted as per Court direction confirmed pregnancy.

The Kalayarkoil Police in Sivaganga district had produced the couple before the Court.

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