The law of the country is above Muslim personal law, the comment of the Karnataka High Court regarding the marriage of a minor girl
The Karnataka High Court has held in two separate cases that the POCSO Act and the IPC override the Muslim Personal Law Act with respect to the age of marriage of girls. The Karnataka High Court rejected the contention that the marriage of a minor Muslim girl after attaining the age of 15 years would not be considered a violation of the Prohibition of Child Marriage Act, 2006.
What did Justice Rajendra Badamikar say?
A bench of Justice Rajendra Badamikar said that the POCSO Act is a special Act and it overrides personal law and as per this Act, the age for engaging in sexual activities is 18 years. The bench said that the petitioner is the husband of the victim and in view of the facts and circumstances that there is no serious dispute regarding the marriage. The petitioner himself has also presented the relevant documents before the court.
what is the matter
The Karnataka High Court was hearing the bail plea of a 27-year-old Muslim man, whose wife was 17 years old and had become pregnant. A case was registered against the accused for offenses punishable under sections 9 and 10 of the Prohibition of Child Marriage Act, 2006, and sections 4 and 6 of the POCSO Act. He is alleged to have married a minor Muslim girl and got her pregnant.
FIR was registered against the girl's husband
Although the Karnataka High Court had granted bail to the husband of the minor Muslim girl, the matter came to the fore then. When on June 16, 2022, the victim/accused's wife had a medical checkup at the primary health center. On examination, it was found that she was pregnant. Moreover, it was also revealed that she is only 17 years old. After this, the police sub-inspector of KR Puram police station lodged a complaint against the petitioner.
The petition of the accused in the second case dismissed
However, in another judgment of the same judge, the court rejected the bail plea of a 19-year-old man. A case has been registered against him under the Indian Penal Code (IPC) and POCSO Act. He is alleged to have taken a 16-year-old girl with him to Mysore on 6 April 2022. Where he had raped a minor girl twice in a hotel room.