Can't Give Custody Of Minor 'Husband' To 'Wife' As It Would Be Sanctioning Cohabitation Between Adult & A Child: Allahabad High Court

17th June,2021

Can't Give Custody Of Minor 'Husband' To 'Wife' As It Would Be Sanctioning Cohabitation Between Adult & A Child: Allahabad High Court



Noticing that if a minor kid would be set under the care of his better half, it would allow an offense under the POCSO Act, the Allahabad High Court as of late wouldn't give care of a minor 'spouse' to his 'significant other'. The Bench of Justice J. J. Munir held that their marriage was voidable and if the minor kid is set under the guardianship of his better half, it would add up to authorizing living together between a significant and a minor.

The matter before the Court -
Manish Kumar, matured around 16 years and a half and he wedded Jyoti, a significant and a grown-up in the discernment of law, who is simply over the age of 18 years. Manish, after his union with Jyoti, was remaining with Jyoti and her relatives, in any case, Manish's mom asserted that Jyoti and her relatives captivated away her minor child (Manish) and constrained him into a marriage of sorts, which was illicit for need of the minor's skill under the law.

She likewise claimed that her minor child was wrongfully kept by Jyoti and her relatives and hence Manish's mom recorded the moment Habeas Corpus Writ Petition. She displayed Manish Kumar as the main applicant and herself as the second, requesting that the Court request Manish Kumar, her minor child, to be delivered under the watchful eye of this Court and upon creation, set at freedom in the way that Manish Kumar be depended to her consideration and guardianship.
Nonetheless, under the steady gaze of the Court, the Minor kid Manish Kumar expressed unmistakably he didn't wish to live with her mom.

Court's observation-
The Court noticed that similarly as there can't be the situation of a minor Hindu spouse being hitched to a significant and the husband viewed as her regular gatekeeper under Section 6(c) of the Act of 1956, the POCSO Act, correspondingly attempts to forbid sex between a man, who is a minor and a lady, who is a significant.