High Court refuses to give custody of Minor husband to wife

A strange case has come before the Allahabad High Court in the state of Uttar Pradesh. The mother and ‘wife’ came before the court to allow the 16-year-old boy to be in their care.

However, the HC refused to give custody of a minor ‘husband’ to his ‘wife’, holding that their marriage was voidable and doing so would result in approving cohabitation between a major and a minor.

Since the boy is reluctant to live with his mother, the court did not grant his custody to her either. It ordered authorities to prepare for the boy’s stay in a state facility like a shelter home till February 4, 2022, when he turns 18. The HC clarified he can live with whoever he likes, including his ‘wife’, after that.

The case came to court on September 18 last year. The judge recorded the boy’s opinion. The final verdict was announced on May 31. Two weeks later, it was posted on the court’s website.