New Delhi, A marriage claimed to be valid under Muslim personal law cannot confer immunity from penal law for establishing physical relations with a minor wife, the Delhi High Court has held.
The high court said the POCSO framework would be substantially weakened if an adult could answer a prosecution concerning a girl below the age of 18 simply by producing a marriage certificate recognised by personal law.
The court drew a distinction between the civil validity of a marriage and the criminal consequences of sexual intercourse with a minor. 2 supports petitioner no. 1 would effectively introduce a marital exception into the POCSO Act for a category of children for whom Parliament has consciously provided none,” it said.
Because the parties describe themselves as married and petitioner no, “To quash the FIR merely.
The court, however, said the proposition that a marriage under the Muslim personal law itself removes the criminality of the subsequent sexual relationship cannot be accepted. The court said it was not unmindful of the girl’s position and noted that she submitted that she chose the marriage, continues to stand by her husband and did not regard herself as having been wronged by him.
A case was lodged against the man under the Protection of Children from Sexual Offences Act when the matter was reported to police by the hospital authorities. The court’s observations came while refusing to quash a criminal case registered against a man for allegedly sexually assaulting a minor, his wife.
