‘No hard and fast rule…to verify age of bride, bridegroom’: Karnataka HC respite for wedding hall owner in child marriage case

In June 2024, a supervisor of the Women and Child Development Department lodged a police complaint alleging that a minor girl, aged about 17 years and eight months, had delivered a child at a primary health centre. She sought that action be taken against those concerned for arranging the marriage and against the individual who married the minor.

Acting on the complaint, the police had registered the case against six people, including Hameed, the owner of a wedding hall in Vijayapura, where the wedding of the girl and the accused No.1 (husband) was performed.

Advocate Shaikh Yusuf Shaikh Salumh, appearing for Hameed, contended that he was not aware of the age of the minor, and that since he did not have the knowledge that the victim was a minor, the chargesheeted offences are not attracted against him.

The bench in its order noted that the marriage hall was booked by the parents of accused No.1 (husband) and the victim with the employees of the petitioner. The court emphasised that the continuation of criminal proceedings against any person on the basis of a frivolous or vexatious complaint is something very serious and would tarnish the image of the person against whom such allegations are levelled.

Further, the bench in its order said that it need not restrict itself only to the stage of a case, but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation.

The court then allowed the petition and held, “Even if entire allegations in the FIR and charge sheet materials are taken into consideration, no case has been made against the petitioner for the offences alleged against him.”