A division bench of Justice Ranjit More and Justice Bharati H Dangre said that it was concerned about the welfare of the girl. (Representational)Hearing a case pertaining to the marriage of a minor with a 40-year-old lawyer, the Bombay High Court Monday said that if the girl is ready to cohabit as his lawfully wedded wife, “the marriage which otherwise is voidable, becomes valid”.
The minor had lodged an FIR with Kalachowki Police Station alleging rape, sexual assault and violation of child marriage act in 2017, two years after she was married to the lawyer. This was his second marriage after the death of his first wife in 2014. He was arrested and was in jail for 10 months after the case was registered.
After settling their dispute amicably, the accused approached the court with the consent of the girl to quash the FIR. The petitioner told the court that the minor girl is now ready and willing to cohabit with him.
Additional Public Prosecutor Aruna Pai, opposing the petition, argued that the petitioner is charged with serious offences under the Indian Penal Code and Protection of Children from Sexual Offences. She added that quashing the FIR by consent would send a wrong signal to the public at large.
The girl had submitted an affidavit to the court stating that the “dispute between her and the petitioner has been settled and, therefore, she is giving no objection to quash the FIR”.
A division bench of Justice Ranjit More and Justice Bharati H Dangre said that it was concerned about the welfare of the girl. Undisputedly, the girl was a minor at the time of her marriage with the accused. But now, she has become an adult and has expressed her willingness to cohabit the accused, the bench added.
The bench said, “Since she is ready to cohabit with the lawyer as his legally wedded wife, the marriage which otherwise is voidable, becomes valid. We are also of the opinion that ultimately she will suffer if the subject case is allowed to go on as she is now married and no one in the society would accept her as a wife and we think at this stage securing her future is of prime importance.”
