Can Minors Marry Under Muslim Law? Kerala HC Clarifies

YB WEB DESK. Dated: 11/21/2022 12:48:56 PM

Kochi, Nov 20 Kerala High Court has held that marriage of minors under Muslim personal law is not excluded from the sweep of the Protection of Children from Sexual Offences (POCSO) Act. If the bride or the groom is a minor, irrespective of the validity or otherwise of the marriage, offences under the POCSO Act will apply. The Single Bench of Justice Bechu Kurian Thomas further observed, "The POCSO Act is a special statute enacted specifically for the protection of children from sexual offences. Sexual exploitation of every nature against a child is treated as an offence. Marriage is not excluded from the sweep of the statute. "The POCSO Act is a special enactment. The advances and progress achieved in societal thinking have resulted in the enactment.


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