'Marriage Voidable Under HMA, She Could've Ended It Upon Attaining Majority If Unhappy': Telangana HC Quashes POCSO FIR Against Accused Of Marrying Minor

The Telangana High Court has quashed an FIR registered under section 5 r/w s.6 of the POCSO Act against an accused for allegedly marrying a minor, holding that the marriage is voidable at the instance of the minor upon attaining majority, if she is unhappy under the Hindu Marriage Act.

Justice T Madhavi Devi has passed the order in a plea filed by the accused under section 482 of IPC to quash the F.I.R registered against him under section 376(2)(n) IPC, 5 r/w 6 of Prevention of Child From Sexual Offences Act, 2012 and section 9 of Prohibition of Child Marriage Act, 2006.

Justice Madhavi noted that the need to ascertain the age of the apparent minor wife does not arise, because she had attained majority and was free to hold the marriage void if she so pleased as per the Hindu Marriage Act. However, to the contrary, the girl had deposed to be happy and a mother of twins. Court said:

"Even if it is found that she was aged below 18 years at the time of marriage, under the Hindu Marriage Act, it is a marriage at the option of the girl after she attains the age of majority. The said Sindhu is happily married with the petitioner and she begot two children out of the wedlock with the petitioner and therefore, no useful purpose would be served at this stage by investigating into her age when there are no allegations of any abuse against her either by the husband or her in-laws. Therefore, this Court is inclined to quash the aforesaid Crime against the petitioner."

It was argued that a case was registered against the accused on account of a complaint received from the Additional Child Development Project Office (ACDPO) wherein it was stated that the accused/petitioner had gotten married for a second time, to a minor girl.

It was submitted that the petitioner/accused did not file any proof to show that his second wife was not a minor at the time of the marriage. Hence, the investigating authorities relying on the school records concluded that the girl was born in 2005 and petitioner married the girl in 2022, thus proving that she was underage at the time of marriage.

The petitioner/accused contended that the entries made in the school record were wrong and stated that the couple was happily married and had had two children from wedlock.

The Bench noted that the girl/second wife was at liberty to leave the marriage by holding it void at any time after attaining majority, but was willingly married to the accused.

Accordingly, the FIR against the accused was quashed.

CrlP 945 of 2024

Counsel for petitioner: Chetluru Srinivas