K'taka HC annuls Muslim girl’s marriage, says Pocso overrides personal law | Bengaluru - Hindustan Times
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K'taka HC annuls Muslim girl’s marriage, says Pocso overrides personal law

By, Bengaluru
Oct 31, 2022 09:03 AM IST

Hearing a bail plea of a man who married a minor Muslim girl, the high court bench of Justice Rajendra Badamikar rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006.

Marriage of a Muslim minor girl, even if allowed under the religion’s personal law, is invalid as it violates provisions of the Protection of Children from Sexual Offences (POCSO) Act, the Karnataka high court has observed in its recent order.

The Karnataka high court rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006. (PTI)
The Karnataka high court rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006. (PTI)

Hearing a bail plea of a man who married a minor Muslim girl, the high court bench of Justice Rajendra Badamikar rejected the argument that a minor Muslim girl’s marriage upon attaining puberty, or 15 years of age, will not contravene The Prohibition of Child Marriage Act, 2006, Live Law reported on Sunday.

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The bench further observed that the POCSO Act, being a Special Act, overrides the personal law. As per the POCSO Act, the legal age for any woman to get involved in sexual activities is 18 years, it said.

The case was registered on June 16, when a 17-year-old girl was found to be pregnant during a check-up at a primary health care centre in Bengaluru. Since the girl was a minor, the health official informed the police following which a case under sections 9 (punishment for male adult marrying a child) and 10 (child marriage) of The Prohibition of Child Marriage Act, 2006 and sections 4 and 6 of the Pocso Act (sexual assault) was registered against the petitioner at the KR Puram police station accusing him of marrying and impregnating a minor Muslim girl.

Seeking bail, the petitioner’s counsel argued before the high court that under Mohammedan Law, puberty is the consideration for marriage and normal puberty age is treated as 15 years hence, in the instant case, since the girl had attained puberty, there was no commission of an offence under sections 9 and 10 of the Act restraining child marriage, Live Law reported.

However, the bench categorically rejected this argument by stressing that POCSO Act overrides personal law.

The court further observed that there was no evidence to show that she raised any objections to her marriage and she was a consenting party. “Admittedly, the petitioner is the husband of the victim and looking to these facts and circumstances, there is no serious dispute regarding the marriage as the petitioner himself has produced the relevant documents before the trial,” the bench noted.

The court granted bail to the accused on his executing a personal bond for a sum of 1 lakh.

Earlier, the Punjab and Haryana high court in its order dated September 30 said that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006. The said order has been challenged in the Supreme Court by the National Commission for the Protection of Child Rights (NCPCR).

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