The Karnataka High Court observed while dealing with the bail plea of a man who married a minor Muslim girl, the court has rejected the argument that a marriage of minor Muslim girl’s upon attaining puberty (i.e., 15 years of age) will not contravene The Prohibition Of Child Marriage Act, 2006.
The bench comprising of Justice Rajendra Badamikar observed that the POCSO Act is a Special Act and it overrides personal law and as per this act and prescribed age is 18 years for involving in sexual activities.
The Court order came days after Punjab and Haryana High Court reiterated that the Muslim female of age 15 years and above can marry a person of her choice on her own consent and willingness, and such a marriage in terms of Section 12 of the Prohibition of Child Marriage Act 2006 would not be declared as void.
Background of the Case
In the present case, the accused was booked for the offences which is being punishable under Section 9 and Section 10 of the Prohibition of Child Marriage Act, 2006 and Sections 4 and 6 of the POCSO Act, 2012 on the ground that the accused had married and impregnated a Muslim minor girl.
The present case came to light to the court when on June 16, 2022, the victim who being the wife of the accused has approached the Primary Health Centre for a medical check-up and on examination wherein it was found that she was pregnant. It was also revealed that she was aged about 17 years. A complaint against the petitioner was lodged by the Sub-Inspector of Police of K.R.Puram Police Station.
Before the High Court, the counsel seeking for bail argued 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 and there was no commission of offence under Sections 9 and 10 of the Child Marriage Restrain Act, 1929.
It was categorically being rejected by the court that this argument by stressing that POCSO Act is a Special Act and it overrides personal law and as per the same. However, the age for involving in sexual activities is 18 years. The Court while taking into consideration into account the fact that the victim was aged about 17 years and was capable of understanding things, the Court went on to observe that there was no evidence to show that any objections to her marriage has been raised by her and therefore, it was prima-facie evident that she was under the influence of her parents and she was also a consenting party though.
Further, the court added that 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, while granting bail to the accused on his executing a personal bond for a sum of 1 lakh.
