Allahabad HC Refuses To Give Custody Of Minor Husband To Wife

The Minor Husband case: The Allahabad High Court has decided not to give the custody of the minor spouse to his significant other holding that the marriage was voidable and permitting so would add up to authorising living together between an adult and a minor.

As the spouse, who is 16 years old, was not wanting to live with his mom, the court additionally didn't give his authority to the mother.

The court directed that the minor boy would stay in the state facility like a shelter home on February 4, 2022, till he achieves the age of 18. After February 4, 2022, he can remain with whomsoever he prefers, including his significant other, the court ruling added.

Justice J J Munir passed the order while permitting the appeal filed by the minor's mom, a local of Azamgarh, who had claimed her child's guardianship.

The mother's request was that the minor kid wasn't competent to wed the young woman and that the marriage was legally void.

The ruling of the court included, "No doubt that the boy was never under any kind of coercion to stay with his wife or the other respondents, who are claimed to be detaining him illegally. He also does not appear to have been enticed away."

However, the court refused the request of the minor boy to allow him to remain in the custody of his wife. The wife, on the other hand, had given birth to a child of the minor boy.

The court further said, "The POCSO Act makes cohabitation of a minor boy with a major girl an offence, which would certainly be committed if the boy is in the custody of his wife." The court gave the latest judgment in the minor husband case on May 31, 2021.

Indicative image Madras High Court