Cannot Give Custody Of Minor ‘Husband’ To ‘Spouse’ As It Would Be Sanctioning Cohabitation Between Grownup & A Little one: Allahabad Excessive Court docket
The Allahabad Supreme Court recently refused to give the woman custody of the “minor” husband, ruling that placing an underage boy under the custody of his wife would make it a criminal offense under POCSO law
According to LiveLaw, the bank held their marriage open to appeal, and placing the underage boy under his wife’s custody would amount to sanctioning the cohabitation of a major and a minor.
Manish Kumar, around 16 years old, and he married Jyoti, a major and a legal adult who is just over 18 years old. Manish stayed with Jyoti and her family members after his marriage to Jyoti, however Manish’s mother claimed that Jyoti and her family members lured away their underage son (Manish) and forced him into a type of marriage that was illegal out of necessity under the legal jurisdiction of the minor.
She also alleged that her underage son was illegally arrested by Jyoti and her family members, so Manish’s mother filed the immediate Habeas Corpus Writ petition.
She petitioned the court for Manish Kumar, her minor son, to be brought before that court and, if presented, to be released in such a way that Manish Kumar would be entrusted to her custody and custody.
However, Manish Kumar made it clear to the court that he did not want to live with her mother.
The court found that it is not possible for a Hindu minor woman to be married to a major and the husband to be considered her biological guardian under Section 6 (c) of the 1956 Act, the POCSO Act, similarly does it Law forbid sex between a man who is a minor and a woman who is a major.
Referring to the facts, the court ruled that if Manish, who is still under the age of 18, were placed in the custody of his wife, it would practically be the impending commission of the offense under Section 3/4 of the 2012 Act or the other criminal provisions .
The court ordered the underage boy to be free by the age of 18, wherever he wants and with whom he wants.
This arrangement was made taking into account Manish’s view that he does not want to go back to his mother. However, if for any reason he wants to return to his mother before February 4, 2022, he is free to do so.
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