Settlement or living together as husband and wife cannot quash POCSO case of minor forced to marry man 20 years older: Delhi HC
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
The Court noted that the Mandir Secretary admitted that no documentary proof of the boy’s age was produced before marriage.
The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.
The Court remarked that child marriage is a social evil that is required to be eradicated from this country. Eradication of child marriage is not merely a statutory goal; it is a constitutional imperative.
“Orientation of these guidelines is to prioritise prevention before protection and protection before penalisation.”
The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”