Recently, the Madras High Court dismissed a case brought under the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act) and the Prohibition of Child Marriage Act, 2006. The court observed that the individual accused had married the victim when she was a minor, but the couple was currently leading a harmonious life together.

Hence, considering the welfare of the young children of the couple, the court deemed the circumstances worthy of compassion.

The case was brought to the attention of the police for investigation after doctors at the government hospital notified them. The victim had been taken to the hospital by her mother for a medical examination. Following this, the police visited the hospital and recorded the victim's statement. Subsequently, the case was filed under the POCSO Act and the Prohibition of Child Marriage Act, 2006 against the victim's husband, his father, and the victim's parents.

In a bid for relief, the accused individuals approached the high court. Their legal representative conveyed that the accused husband and the victim, who was a minor at the time of marriage, are currently residing together as spouses. They further informed the court that the couple has two young children, aged approximately 3 and 2 years old, respectively.

The counsel argued that if the trial proceeds to judgment, the victim's husband, his father, and the victim's own parents could face imprisonment for varying durations. Furthermore, if they decide to appeal the judgment, the process would further prolong the final decision.

"By that time, the minor children aged 3 and 2 will be denied the love, affection, and care of the father and grandparents. It is a very shocking circumstance," he argued. 

The court concurred with the presented argument and expressed the view that if the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, are applied mechanically, the minor children would unfairly bear the consequences and be subjected to the cruelty of society, despite being faultless in the matter.

The court further emphasized that the involvement of both the victim's husband's father and her own parents in the offense was incontrovertible, leading to added complexities in the case. In this context, it stressed that the primary concern should be the mental and physical well-being of the minor children, along with safeguarding their future.