The Allahabad High Court has issued a verdict that if the husband is a minor, he cannot live with his adult wife. The court held that handing over the minor husband to his adult wife would be a crime under the POCSO Act. So she will remain in the shelter until the husband becomes an adult.
The court pronounced the verdict on a petition filed by the boy's mother. The mother had filed a petition in the court seeking her custody. But the boy doesn't even want to be with his mother. He wants to stay with his wife. The boy is currently 16 years old and will be 18 years old on 4th February, 2022. While deciding the petition, the court has cancelled the marriage of the two as 'zero'. The court said that "a minor husband cannot be handed over to an adult wife. If this is done, it will be a crime under the POCSO Act."
A bench of Judge JJ Munir ruled that the boy does not want to live with his mother. Therefore, he should be kept in the shelter till he attains adulthood by 4th February, 2022. After attaining adulthood, the boy can live with anyone anywhere of his own. But until then, it should be kept in the shelter itself with all the facilities."
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