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custody of prosecutrix

(Querist) 31 August 2008 This query is : Resolved 
A case u/ss 363/366A/376/120-B IPC was registered and accused was arrested And prosecutrix who is about 12 years old was also recoverd from the possesion of accused.Both were produced before magistrate,accused sent in judicial custody and prosecutrix requested the court to sent her with parents of accused as they (Accused & prosecutrix) had performed marriage in a temple on the other side parents of prosecutrix requested the court to hand over the custody of their minor girl i.e.12 years (prosecutrix) .Now question is Who is that who is legally entited of custody of girl(prosecutrix)Plz Advice soon as case is fixed for 1-9-08
Sanjeev Mohan (Expert) 31 August 2008
Under the provisions of Hindu Marriage Act,1955 and any law which relate to marriage in India clearly state that marriage can be conduted only between persons who attained majority. Under Indian laws, amale is said to have attained majority when he attains 21 years and a female is said to have attaind majority when she attains 18 years. In the present case, it clear that the girl had only 12 years old when the said marriage was performed. Hence, the girl's request to the Court that she be send with the parents of the accused is of no legal footing. the lawful guardians (parents)of the minor girl is legally enitled for her custody.

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