The Allahabad High Court ruled that a 17-year-old girl, who is both a minor and a mother, must continue to reside in a government shelter home until she attains the age of majority, despite her expressed desire to live with her adult husband. The Division Bench of Justice J.J. Munir and Justice Sanjiv Kumar delivered the judgment while disposing of a habeas corpus petition filed on the girl’s behalf, holding that allowing a minor to cohabit with an adult husband would amount to permitting a violation of the Protection of Children from Sexual Offences (POCSO) Act.
The case arose after the minor girl, referred to as “A,” married an adult man named Mukesh on July 3, 2025. She later gave birth to a baby boy on July 14, 2025. Verification of her high school marksheet revealed her date of birth as October 5, 2008, confirming that she was below the age of 18 at the time of marriage and childbirth. Upon learning of her marriage, her father lodged a police complaint under provisions relating to kidnapping, leading to the arrest of her husband on July 22, 2025. The girl was produced before the Child Welfare Committee (CWC) the same day, where she stated that she did not wish to live with her parents due to fear and instead wanted to stay with her husband.
Considering her minor status, the CWC directed that she be placed at the State Children’s Home in Kanpur Nagar. The habeas corpus petition was filed by her mother-in-law, seeking her release and permission for her to reside with her husband. The petitioners argued that the girl had willingly married and that her consent to cohabit should be recognized, relying on past case law that had upheld such consent in similar circumstances. However, the Court clarified that those precedents predated significant legal amendments. Before 2013, the age of consent under the Indian Penal Code was 16 years, but subsequent amendments raised the age to 18, making all sexual acts involving persons below that age punishable under the POCSO Act, regardless of consent.
The Court observed that since the marriage occurred after the implementation of these amendments, the husband’s cohabitation with the girl would attract prosecution under the POCSO Act, as sexual relations with a minor are statutorily deemed non-consensual. The Bench emphasized that permitting the girl to live with her husband or his family would indirectly endorse an illegal act and expose the husband to criminal liability. The judges further noted that there was no assurance that sexual relations between the couple would not continue if the girl were released to her in-laws’ custody. Given the circumstances, such an arrangement would be unsafe and contrary to the statutory mandate protecting minors from sexual offences.
While the Court recognized the humanitarian aspect of the situation, especially considering that the girl was a new mother and her infant required care, it held that the protection of law for minors must take precedence. The Bench directed that the girl would continue to stay at the State Children’s Home in Kanpur Nagar until she turned 18 years old. The Court permitted her mother-in-law to visit her and the infant in accordance with shelter home rules but prohibited her from bringing food or other items.
The Court also issued several directions to ensure the wellbeing of the girl and her child during their stay in the shelter home. It instructed the in-charge of the home to ensure adequate medical facilities, with a qualified doctor visiting at least twice a month or as required, and a pediatrician available to monitor the child’s health. The Chief Medical Officer of Kanpur Nagar was tasked with overseeing the implementation of these directives. Additionally, the Court directed that a senior lady judicial officer, to be nominated by the District Judge of Kanpur Dehat, visit the girl and her infant twice a month to ensure that proper care and supervision are maintained.
Concluding the case, the Allahabad High Court ruled that the girl must remain in the shelter home until October 5, 2026, when she will attain majority. After that date, she would be legally free to make her own decisions regarding residence and marriage. Until then, the Court made it clear that her custody could not be given to her husband or in-laws, as doing so would violate the provisions of the POCSO Act and undermine the statutory protections accorded to minors. The judgment reinforced the principle that the law prioritizes the protection of minors from exploitation, even in cases where the relationship appears consensual, and that cohabitation between an adult and a minor cannot be permitted under any circumstances.
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