Marriage with minor girl valid if she consents to cohabit with husband after attaining majority: Bombay HC

The Bombay High Court has held that & lsquo marriage of a minor girl shall be valid if she confirms her consent of cohabitation with the husband after attaining the age of majority'. In the present case, the girl filed an FIR accusing the petitioner lawyer under the provisions against child marriage. The girl stated in the FIR that she was forcefully married to the petitioner (then, aged 52) while she was still at the age of 14. The grandparents of the girl along with the accused were arrested and taken into custody. Later, the parties settled the dispute amicably and approached the High Court invoking the jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 read with Articles 226 and 227 of the Constitution of India for quashing the case lodged against him for offences of rape along with other offences under the IPC, POCSO and Prohibition of Child Marriage Act, for marrying the 14-year-old girl. In the present matter, it was argued before the High court that the marriage was voidable (null, at the option of the minor girl) and not void (null) according to the provisions of Prohibition of Child Marriage Act. Further, it was presented that since the girl has attained the age of majority and consented for cohabitation with the accused and since she has no objection for the case to be quashed, it was argued by the petitioner that such marriage should be held valid to protect the interests of the parties. The High Court observed that the respondent (girl) during the time of marriage was undisputedly a minor. However, she has attained the age of majority and is now giving her consent to cohabit and remain married with the petitioner. The Court took the decision to hold such marriage valid to ensure the best interest of the respondent. The Court, however, after making this statement, deferred the hearing of this petition until February 10, 2020. This was done in order to observe the behaviour and conduct of the petitioner (husband) towards the respondent. The Court further stated that such a decision was taken after observing the facts and circumstances of this present case and that same shall not be used as a precedent.