Bombay HC deems 14 year old, man's marriage valid
The bench directed the woman's husband to transfer 10 acres land in her name.
Mumbai: The Bombay high court has held that the marriage of a 56-year-old advocate to a woman, who was 14 years old at the time of the nuptials in 2014, was valid.
The court passed this order as the woman, who turned 18 in September 2018, expressed her willingness to live with the accused.
The complainant, who is now 18 years old, got “married” to the advocate, then aged 52, in 2014.
The high court was hearing a petition by the advocate who was seeking the quashing of a two-year-old FIR that was lodged against him for marrying the teenager.
The girl turned 18 on September 17, 2018, after which the advocate moved HC, seeking quashing of the case.
The woman filed an affidavit of her own, stating that she had no objection to the quashing of the FIR.
The court in its order noted that it was concerned about the woman’s welfare.
“Undisputedly, she was a minor at the time of her marriage with the accused but now she has become major and has expressed her willingness to cohabit with the accused person,” the court held.
A division bench of Justices Ranjit More and Bharati Dangre was hearing a plea filed by the accused.
The prosecution told the court that in 2014, the woman alleged that her grandparents had forced her into the marriage.
After the FIR was registered, the accused had been kept in jail for ten months.
Additional public prosecutor Aruna Kamat Pai opposed the petition, saying quashing such a case would set a bad precedent and send a wrong signal to the public at large.
The bench, however, noted, “We are also of the opinion that ultimately the complainant girl will suffer if the subject case is allowed to go on as she is now married and no one in society will accept her as a wife, and we think that at this stage securing her future is of prime importance.”
The bench directed the woman’s husband to transfer 10 acres of land in her name, open a fixed deposit with Rs 7 lakh for her and ensure that she finishes her education.
The bench also directed the police not to investigate the case.
The court adjourned the matter to September when it will see if the order has been complied with, and decide whether to quash the case.
The city police arrested the woman’s husband 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.