Mumbai man granted bail in child marriage, assault case after year in jail

The Bombay High Court has granted bail to a 33-year-old Mumbai resident accused of child marriage, rape, and sexual assault of his 13-year-old wife. The case was registered against the man only after marital discord arose between him and his wife. The man had been in custody for over a year.
The charges were filed under sections of the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences Act (POCSO), and the Prohibition of Child Marriage Act. According to court documents, the girl was born on July 20, 2007, and married the 33-year-old man on January 8, 2021, when she was 13 years old. At the time of marriage, her age was falsely shown as 18. The couple had a child, but their relationship broke down by 2023. The girl later approached the police, who registered a case against the man and the mother for child marriage. The police arrested the man and filed a chargesheet, including the girl’s birth certificate, but her mother was not taken into custody.
The prosecution argued that the man, an acquaintance of the girl’s mother, took advantage of her financial struggles and persuaded her to marry off her daughter. The Dindoshi Sessions Court had earlier rejected the man’s bail plea, stating that “Muslim Personal Law may allow the marriage of a minor after she attains puberty, but the Bharatiya Nyaya Sanhita and POCSO Act will override personal law.”
When the case reached the High Court, Justice Manish Pitale granted bail, noting that the man had married the victim based on her purported age, as recorded in the Nikahnama (the marriage certificate as per the Muslim law). “That the man should have been more cautious in ascertaining the age of the girl, is a different matter,” said Justice Pitale. He also pointed out that the marriage document was signed by both the girl and her mother, showing her as 18 at the time of the wedding.
The court noted that the trial against the man had not yet begun. As part of his bail conditions, the accused is prohibited from entering the jurisdiction of the Amboli Police Station and must report to the Versova Police Station once a month.