Lawstreet Journal

Allahabad High Court denies granting custody of minor husband to wife, calls it potentially illegal and an offense

Lawstreet Journal 22 Jun 2021 8:14pm

Image courtesy: Lawstreet Journal Judiciary Allahabad High Court denies granting custody of minor husband to wife, calls it potentially illegal and an offense

Allahabad High Court refused to give custody of a minor husband to his wife, noting that just as there cannot be the case of a minor Hindu wife being married to a major with the husband regarded as her natural guardian under POSCO Act, similarly the act also prohibits a minor man cohabitating with and under the guardianship of a major wife.

In a Habeas Corpus writ filed by a minor boy’s mother against the boy’s in-laws and wife for illegally detaining him, the bench of Justice J. J. Munir of the Allahabad High Court held that the minor boy would stay in a State Facilities, like a Protection Home or a Safe Home.

The court observed that giving the custody of the minor Husband to the wide would amount to sanctioning cohabitation between a major and a minor and stated 

To entrust the minor Manish Kumar to the custody of his major wife, would not only be patently illegal, but virtually permitting an offence under the Act of 2012, in violation of the interest of the child that the said Statute is designed to protect. If that were done, by application of no principle or yardstick, can it be regarded as an option that would secure the welfare of the minor”, the court said.

Manish Kumar, aged about 16 and half,  is married to Jyoti, a major aged 18 and was staying with Jyoti and her family members, until  Manish’s Mother alleged that Joti and her family enticed her… Continue Reading...

Tagged: Allahabad High Court  
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