HC nullifies case against man who married minor orphan

HC nullifies case against man who married minor orphan
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Bengaluru: In a significant ruling, the Karnataka High Court has intervened in a case involving a man facing prosecution under the Protection of Children from Sexual Offenses (POCSO) Act and other criminal charges after he married a minor orphan. The court’s decision comes as a relief to the accused, who found themselves embroiled in legal troubles for the marriage.

Justice M. Nagaprasanna, presiding over a single-member bench, issued an order to nullify the proceedings initiated against the accused in the trial court based on the minor’s certificate. The case had its origins in a FIR lodged at the Masti police station and was subsequently reviewed by a fast-track court in Kolar following the submission of a petition by Muniraju, the husband.

Highlighting the circumstances surrounding the case, the court noted, “Currently, the petitioner’s wife does not have any parents. Moreover, the petitioner is the sole provider for the entire family. Continuation of the case could potentially put the family in a difficult situation.” As a result, the court deemed it appropriate to dismiss the proceedings.

The court clarified that the petitioner’s wife had submitted a certificate affirming her support for the petitioner’s release from the case. It emphasized that, should the petitioner’s wife be left as an orphan without just cause after the case dismissal, further proceedings could be revived.

Muniraju married the minor orphan on May 14, 2023. Subsequently, when his wife became pregnant, she went to a local hospital for a check-up. During the examination, medical personnel discovered that she was married and reviewed her Aadhaar card, reporting the matter to the Malur Child Development Project Officer about her pregnancy at the age of 17 years and 8 months. Based on this information, the child development officials lodged a complaint with the Malur police station, leading to Muniraju’s arrest.

Despite the serious allegations, Muniraju’s wife later gave birth to a baby girl. The fast-track court in Kolar had initiated cognizance against him based on the charges. In response, Muniraju approached the High Court to contest the proceedings against him.

Meanwhile, his wife submitted a certificate expressing her desire for her husband to be relieved of the charges, stating that she did not oppose it. The court’s ruling was based on this submission.

This intervention by the Karnataka High Court not only highlights the complexities surrounding child marriage and the associated legal implications but also underscores the importance of considering the welfare of families involved in such cases. As the legal journey unfolds, it raises critical questions about the treatment of minors in the legal system and the balance between justice and compassion.

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