Marriage with minor legal

By Shariff Ameeruddin Ishaqui
Hyderabad, May 3: The Andhra Pradesh High Court has declared as "valid" the marriage between a man and a minor girl.
A division bench comprising Justice A Gopal Reddy and Justice B Seshasayana Reddy, while allowing a petition filed one S Yadaiah of Nalgonda district, observed that "this court in a case of Makemalla Sailoo versus Superintendent of Police, Nalgonda district, after elaborately considering the issue which is identical to the present one held that under Section 6 (c) of the Hindu Minority and Guardianship Act, 1956 if a minor girl is married, her natural guardian is the husband".
Mr Yadaiah informed the court that he fell in love with one P Premalatha, the daughter of Pittala Pedda Jangaiah of Chintapally in Nalgonda district. He said when she made a proposal to marry him, her parents did not agree for the marriage and started harassing her physically and mentally.
According to the petitioner, unable to bear the harassment of parents Ms Premalatha left home on March 12, 2008 and came to Yadaiah and both of them went to Mantharalaya Raghavendra Swamy temple and married the same day in accordance with Hindu rites and customs. The marriage was consummated and they are living together as husband and wife. The girl's father lodged a complaint in the Chintapally police station and the police registered a case of girl missing.
Ms Premalatha on coming to know about the registration of the crime went to the police station and reported that she on her own accord left the home and married the petitioner and that she is not a minor as alleged by her father, Ms Mohana Reddy, assistant government pleader told the court.
The police after recording her statement sent her to Osmania Hospital, Hyderabad for determination of her age. Associate Professor, Department of Forensic Medicine and Toxicology, Osmania Medical College, gave an opinion that she was aged about 18 to 19 years and accordingly, issued the age certificate.
After obtaining the age proof certificate the police produced her before the Judicial First Class Magistrate, Devarakonda, and the magistrate sent her to the custody of the Superintendent, Observation Home for Girls, Hyderabad, on March 26. Ms Mohana Reddy, produced the girl before the court.
While directing the Superintendent, Observation Home for Girls, to give custody of Premalatha to her husband, the judges further observed that "in view of the law aforementioned since the girl is the wife of the petitioner and is aged above 16 years, her custody should be given to the petitioner only, but she cannot be kept in the Observation Home".