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Kerala Kaumudi Online
Wednesday, 05 June 2024 7.07 PM IST

Muslim minor girl who attains puberty can marry… post-marriage sex won’t attract POCSO offences: HC |VIDEO

We know that Marriage laws in India prescribe a minimum age of marriage to essentially outlaw child marriages and prevent the abuse of minors.
But Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. This is also same in the case of Christians but in Islam, the marriage of a minor who has attained puberty is considered valid.
The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men, respectively.
The Union Cabinet on December 15, 2021, took the decision to raise the legal age of marriage for women from 18 to 21 years. The legal age of marriage for men is 21 years.
With this decision, the government aimed to bring the age of marriage for both men and women at par.
After this, the Prohibition of Child Marriage (Amendment) Bill, 2021 was introduced by the government in Lok Sabha in the winter session in December. It is currently under scrutiny of a parliamentary standing committee.
But now in what appears to be a paradox, the Delhi High Court recently held that under Muslim law, a girl who has attained the age of puberty could marry without the consent of her parents and has the right to reside with her husband even when she is a minor.

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