Bengaluru: High Court allows jailed, legally ineligible husband to care for wife

Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Sep 14: A couple belonging to different religions are ineligible to be considered as husband and wife because of age factor. However, the state high court (HC), growing compassionate at their plight, has allowed the jailed husband to go and take care of his 17-year-old pregnant wife currently lodged in an Ashram here on a daily basis.

The girl's disturbing background and her decision not to accompany her relatives forced the HC to take this unique decision. The court said that the Ashram head should allow the husband to care of his wife between 10 am and 5 pm every day, with the condition that whenever he takes her outside, she should be brought back to the Ashram before 5 pm.

The husband in question happens to be Nazeer, a driver by profession and living near K R Pura here. The minor girl, who had lost her father, was living with her uncle. The girl got acquainted with Nazeer and narrated to him about sexual and physical torture she underwent at the hands of her uncle. He thereafter secured her a job after which they ran away from their homes a few months back and got married. As her uncle was sure to oppose this inter-religious marriage, the couple had not gone back home. Her aunt however, had filed habeas corpus petition.

On the basis of complaint received from the girl's relatives, the police had arrested the two and registered case under Protection of Children from Sexual Offences Act under which the youth was sent to judicial custody. The girl, being minor, was sent to the Bala Mandir with help from child welfare committee.

During the hearing, the court observed that there is a need to view the case with humanitarian approach. Therefore it said that the girl should be kept in the Ashram till she delivers baby. It also ordered that she should regularly undergo health check through specialist doctors and hospital fee should be paid by the government. It asked K R Pura police to extend protection of the family members try to create problems for the couple. The division bench of the HC has decided to hold hearing of the case on second Friday of every month, with the current hearing scheduled for Friday.