Muslim girl can get married even if she is not yet 18 years old; husband cannot be charged with POCSO in name of sexual intercourse, says Delhi HC

NEW DELHI: The Delhi High Court on Tuesday said that on attaining puberty, a Muslim girl can get married without the consent of her parents under the Muslim Personal Law. The Delhi High Court also clarified that no POCSO case can be filed against the husband of such a girl. The order was passed by Justice Jasmeet Singh of the Delhi High Court. He passed the order while considering the plea of ​​a Muslim couple who got married in Bihar this year.

The marriage took place despite the opposition from the girl's family. The girl was 15 years and five months old at the time of marriage. After the marriage, she became pregnant. The girl's parents had filed a complaint with the police seeking to file a case against her husband under the POCSO Act. However, the High Court clarified that a case cannot be filed under POCSO Act in the name of sexual intercourse between husband and wife after marriage.