The Kerala High Court ruled that if one of the parties to a Muslim marriage is a minor, the offense would come under the POCSO Act. Justice Bechu Kurian Thomas, in his judgment related to a case, held that a minor in a marriage between Muslims cannot be excluded from the POCSO Act.
Here’s what happened
Judge retired Justice K.T. Thomas had rejected the bail plea of a 31-year-old Muslim man from West Bengal in a case registered against him by the Thiruvalla police in August this year, alleging that he had abducted a 14-year-old girl.
No such marriage according to parents
The matter came to light after local health officials in Tiruvalla registered a complaint that a girl (as per Aadhaar card records) of around 16 years had come for an injection and was found pregnant. But Rahman claimed that the marriage took place at his place.
In March 2021 the police of the home state informed the court that according to her parents no such marriage had taken place under Muslim law.
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