Minor's Marriage Remains Valid if She Wants to Stay With Her Husband After Attaining Adulthood, Says Bombay High Court
The Bombay High Court on May 2 ruled the marriage of a minor with 56-year-old advocate valid. The court took the decision after the minor expressed her willingness to live with him on turning 18.
Mumbai, May 7: The Bombay High Court on May 2 ruled that a marriage of a minor will remain valid if she wants to stay with her husband after attaining adulthood. While pronouncing judgment in a case where a 14-year-old minor was married to a 52-year-old advocate, the court took the decision after the minor expressed her willingness to live with her husband on turning 18. A division bench of justices Ranjit More and Bharati Dangre heard the petition filed by the advocate seeking to quash a rape case lodged against him for marrying a 14-year-old girl in 2014. Bombay High Court Allows Doctor to Abort Over 20-Week Pregnancy to Save Woman's Life.
Meanwhile, the complaint, who is now 18 years old in her complaint had mentioned that she was forced into marriage at the age of 14 – to the then 52-year-old advocate – by her grandparents. The advocate was subsequently in judicial custody for around 10 months and later released on bail. The girl turned 18 on 17 September 2018, after which the advocate moved HC, seeking the case be quashed. 11-Year-Old Moves Bombay High Court Seeking Ban on PUBG Game for Promoting Violence and Cyber-Bullying.
Last week, the girl had filed an affidavit in the HC last week, saying she would like to cohabit with her husband and has no qualms over the case being quashed. However, Additional public prosecutor Aruna Kamat Pai opposed the petition. He said that such a case would set a bad precedent and send a wrong signal to the public at large.
Meanwhile, the court in its verdict said, “Undisputedly she was a minor at the time of her marriage with the accused, but now she has become a major and has expressed her willingness to cohabit with the accused person.” The court added, “Since the complainant is ready to cohabit with the petitioner (advocate) as his legally wedded wife, the marriage, which otherwise is voidable, becomes valid.” Mumbai: Bombay High Court Halts Construction of Casting Yard on Juhu Beach For Bandra-Versova Sea Link.
The HC also directed the advocate to transfer 10 acres of land in her name, open a fixed deposit (FD) account with Rs 7 lakh for her and ensure that she finishes her education. The police were also directed not to probe the case further. The 56-year-old advocate was arrested by the police in December 2017 for rape and other offences under the Indian Penal Code and provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Prohibition of Child Marriage Act.
(With inputs from PTI)
(The above story first appeared on LatestLY on May 07, 2019 02:15 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).