Marriage With Minor Muslim Girl Contravenes 'Prohibition Of Child Marriage Act': Karnataka High Court

While dealing with the bail plea of a man who married a minor Muslim girl, the Karnataka High Court recently rejected the argument that a minor Muslim girl's marriage upon attaining puberty (15 years of age) will not contravene The Prohibition Of Child Marriage Act, 2006.

The Bench of Justice Rajendra Badamikar further observed that POCSO Act is a Special Act and it overrides personal law and as per this act, the age for involving in sexual activities is 18 years.

This order comes days after Punjab and Haryana High Court reiterated 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 case in brief

Essentially, the accused in the instant case was booked for the offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 and Sections 4 and 6 of the POCSO Act on the ground that he had married and impregnated a minor Muslim girl.

The case came to light when on June 16, 2022, the victim, the wife of the accused, approached the Primary Health Centre for a medical checkup and on examination, it was found that she was pregnant. Further, it is also revealed that she was aged about only 17 years. Therefore, the Sub-Inspector of Police of K.R.Puram Police Station lodged a complaint against the petitioner.

Seeking bail, his 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 offence under Sections 9 and 10 of the Child Marriage Restrain Act.

However, the Court categorically rejected this argument by stressing that POCSO Act is a Special Act and it overrides personal law and as per the same, the age for involving in sexual activities is 18 years. 

However, taking into 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 she raised any objections to her marriage and therefore, it was prima-facie evident that she was also a consenting party though she was under the influence of her parents

"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 Court further added is it granted bail to the accused on his executing a personal bond for a sum of 1 lakh. 

In related news, the Supreme Court is set to examine the question if a minor Muslim girl can marry on attaining puberty as recently it issued notice on the petition filed by the National Commission for the Protection of Child Rights (NCPCR) challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage.

Case title - Aleem Pasha v. State and another

Case Citation: 2022 LiveLaw (Kar) 432

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