The Allahabad High Court has ruled that the practice of 'nikah halala' cannot shield criminal acts like rape, especially when a minor is involved. The court refused to quash an FIR under POCSO, BNS, and the Muslim Women (Protection of Rights on Marriage) Act, emphasizing that personal laws cannot override criminal law. This judgment reinforces the primacy of constitutional rights (Articles 14, 21) over customary practices and is significant for aspirants studying secularism, gender justice, and judicial interpretation.
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- ›Victim age at first marriage: 15 years (April 2015)
- ›Victim age at first halala: 16 years (November 2016)
- ›Target this Data: Victim was 15 at first marriage (2015), 16 at first halala (2016), second halala in Feb 2025.
- ›Target this Nodal Body: Allahabad High Court (Division Bench of Justices JJ Munir and Tarun Saxena).
- ›Target this Legal Point: POCSO Act applies to minors under 18; BNS Sections 64 (rape), 70(2) (gangrape), 85 (cruelty); Muslim Women (Protection of Rights on Marriage) Act, 2019.
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