Hon'ble High Court of delhi observed as on 27.07.12
1) Whether a marriage contracted by a boy with a female of less than 18 years and a male of less than 21 year could
be said to be valid marriage and the custody of the said girl be given to the husband (if he is not in custody)?
2) Whether a minor can be said to have reached the age of discretion and thereby walk away from the lawful guardianship of her parents and refuse to go in their
custody?
3) If yes, can she be kept in the protective custody of the State?
4) Whether the FIR under Section 363 IPC or even 376 IPC can be quashed on the basis of the statement of such a minor that she has contracted the marriage of her own?
5) Whether there may be other presumptions also which may arise?”
In such circumstances, allowing the husband to consummate a marriage may
not be appropriate more so when the purpose and rationale behind the PCM
Act, 2006 is that there should be a marriage of a child at a tender age as he
or she is not psychologically or medically fit to get married. There is another important aspect which is to be borne in mind. Such a marriage, after all, is voidable and the girl child still has right to approach the Court seeking to exercise her option to get the marriage declared as void till she attains the age of 20 years.
Answers to question-
1- voidable and PCM override HMA
2&3- yes but not for long period and free if above 20 - and it's on case to case basis
4&5- no
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