Introduction
In a recent and important judgment, the Allahabad High Court has ruled that a minor wife cannot live with her adult husband and must stay in a government-run children’s home, Bal Grih, until she turns 18. The Court said that the ‘age of consent’ under the Bharatiya Nyaya Sanhita, 2023 (BNS) is 18 years. Which means that even if a person is married but is under age, then any sexual relationship with that person is an offence.
Background of the Case
In this case a 17 years old girl got married to an adult man in July 2025. The girl’s father filed a police complaint and the police arrested the girl’s husband. The authorities placed the girl and her infant child in a Bal Grih in Kanpur for their safety. Later, the girl filed a petition before the Allahabad High Court seeking to live with her husband or mother-in-law instead of staying in the children’s home.
Court’s Observations on the ‘Age of Consent’
The Court referred to the provisions of the Bharatiya Nyaya Sanhita, 2023, which replaced the old Indian Penal Code (IPC). Under this new law, the ‘age of consent’ has been clearly set at 18 years. The judges clarified that no exception exists for married minors, even within marriage, a man cannot have sexual relations with his wife if she is below 18 years of age.
The bench observed that allowing the minor to live with her husband would indirectly permit a violation of the law, as there is no guarantee that physical relations would not occur. So, the court ordered that the girl will stay in Bal Grih until she is 18 years old.
Significance of the Ruling
Through this judgment the Allahabad High Court has made it clear that the ‘age of consent’ is strict and non-negotiable for making physical relations. Marriage is not a substitute for this law. Marriage cannot make living with a minor wife lawful. Through the decision the court tries to protect minors from exploitation and it also understands their emotional and social needs.
Conclusion
The Allahabad High Court, through this case, explained the importance of ‘age of consent’ in a marriage. It reiterated that the safety and rights of minors come before any marital relationship. This ruling ensures that girls before attaining the age of majority, remain safe.