An underage husband cannot live with an adult wife, marriage is considered folk: High Court

The minor's insistence on living with his wife remained unfulfilled

Handing over a minor husband to an adult wife is a crime under Poxo law, observes

Prayagraj: The Allahabad High Court in Uttar Pradesh has ruled in favor of a couple that a husband cannot live with an adult wife if he is a minor. Handing over a minor husband to an adult wife would be an offense under the Poxo Act.

The mother of the 16-year-old minor had filed an application in Allahabad court seeking custody of her son. However, the young man refused to stay with his mother and insisted on staying with his wife.

The High Court noted in the case that a husband and wife can only live together if both are required to be adults. If one of the two is a minor and the husband lives together as a wife, it will be considered an offense under the Poxo and Marriage Act.

The youth, on the other hand, has refused to live with his mother when the law does not allow him to live with his wife, so the High Court took a middle ground, and ordered the government to arrange for him to stay until he reaches adulthood. He can live with whomever he wants, except his wife. The court also termed the marriage of the two as folk.