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Allegation of Child Marriage Does Not Empower Divorce Court to Direct Registration of POCSO FIR: Calcutta High Court

23 Jul 2026 4 min read
Allegation of Child Marriage Does Not Empower Divorce Court to Direct Registration of POCSO FIR: Calcutta High Court

The Calcutta High Court has held that a court hearing a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 cannot direct registration of a criminal case under the Protection of Children from Sexual Offences Act, 2012 merely because there is an allegation that the marriage was a child marriage. The Court ruled that the jurisdiction of a divorce court under Section 13B of the…

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