Bombay High Court

Bombay High Court: Marriage of Minor Under POCSO Act Not Exempted

Updated
Sep 28, 2025 4:44 PM
News Image

Summary: Mirza Aslam Beigh and his family faced legal trouble for marrying a minor. The court had to decide if their love story could be an exception to the law.

The People Involved

The case involved Mirza Aslam Beigh, a 29-year-old worker, his family, and a girl who was not yet 18. They were up against the State of Maharashtra and the police officer Rahul Popatrao Tayade, who made the complaint.

The Love Story and the Legal Challenge

Mirza and the girl fell in love and got married according to Muslim traditions when she was still 17. This led to legal issues as she was underage, and the police report charged them under several laws, including the Protection of Children from Sexual Offences (POCSO) Act.

"The girl had a baby boy... She was 17 years old when she got married."

Mirza's Argument

Mirza and his family argued that the relationship was mutual and based on love. They believed taking legal action against them would harm the girl and her child, as they were now a family.

"There was a love affair... they are already married."

The State's Position

The State disagreed, focusing on the girl's age and the legal issues of her being under 18. They argued that a minor's agreement to marry is not valid under the law.

"The girl is under 17 years of age... Her agreement cannot be seen as valid under the law."

Court's Decision

The court, with Judges Urmila Joshi-Phalke and Nandesh S. Deshpande, had to think about whether this was a special case. They looked at past decisions and how the POCSO Act affects situations like this.

"The POCSO Act applies to everyone and makes it illegal for anyone under 18 to have sexual activity."

In the end, the court decided not to cancel the police report, stressing the importance of the law in keeping young people safe.

"The request is denied."

Summary of the Verdict

The court ruled that the legal protections for minors are important and refused to make an exception for Mirza and his family. The law remains in place to protect young people, even when personal stories are involved.