Marriage is permitted under Muslim law even if the bride is under the age of 18; there is no POCSO against the husband: Delhi High Court

New Delhi: A girl who has achieved puberty can marry even though she is not of age, according to Muslim personal law. Marriage does not require parental consent. The Delhi High Court further stated that under the POCSO Act, no complaint can be launched against the spouses of such marriages.

The girl has the right to reside with her spouse after marriage. The high court further ruled that a lawsuit under the POCSO Act could not be filed against the husband for having sexual contact with her spouse after their marriage. Justice Jasmeet Singh of the Delhi High Court issued the order.

The ruling came in response to a lawsuit filed by a Muslim couple who married in Bihar earlier this year. Despite objections from the girl's family, the marriage took place. At the time of her marriage, the girl was 15 years and five months old.

The girl got pregnant after the marriage. Following this, the girl's parents filed a complaint with the police, requesting that a case be registered against her husband under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act.

However, the high court ruled that a complaint under the POCSO Act cannot be filed for sexual intercourse between a husband and wife after marriage.