A Hyderabad man has sent a legal notice to a 16-year-old schoolgirl who was forced to marry to him, asking her to "resume" her "conjugal duties". The girl had left him and returned home after being subjected to physical and sexual abuse for two months.

The girl is now seeking help from an NGO working for child rights, after the police declined to take action, saying child marriage is "not automatically illegal."

SEX OFFENDER TAKES LEGAL ROUTE FOR SEX WITH MINOR

#1 According to an NDTV report, the girl returned to her parental home after she was physically and sexually abused by her cousin-turned-husband every day for two months.

#2 She was forced to marry the man -- 20 years older than her -- in February last year after her family urged her saying "her aunt was dying and would like to see her son married".

#3 The girl was preparing for Class 10 examinations at the time and requested she be allowed to sit for the exams and study further. After her exams, she was sent to her husband's home.

#4 Once the girl returned home due to the abuse, her parents welcomed her back and asked the husband's family to return the Rs 1 lakh and the gold they had given them as dowry. That was when the man sent the legal notice asking her to 'resume sex'.

#5 After the police expressed their helplessness, the girl turned to an activist from a government-run social action group. A Panchayat meeting was called where the husband showed up with two lawyers, saying, "instead of returning money to her parents, he would pay lawyers."

#6 Child Rights Commission member Achyutha Rao has told NDTV they will file a criminal case against the lawyer for serving a legal notice on sexual duties to a minor.

#7 The lawyer, meanwhile, says he had no idea that the girl is a minor. He told The News Minute that the husband told him his wife was 18-years-old, and that he will not pursue the case further.

#8 The girl does not want to go back to her 'husband' and wants to study further. She's required to get the marriage annulled within one year.

WHAT THE LAW SAYS

#1 The Hindu Marriage Act of 1955 dictates that every spouse has an 'obligation' to have sexual intercourse on a regular basis. It is one of the reasons that marital rape is still not considered illegal in India - if a woman refuses to have sex with her husband, he can file for divorce on grounds of "mental cruelty".

#2 According to Rao, however, this particular marriage is 'void' and illegal as the girl is a minor. He told TNM that consummation of the marriage was a criminal offence and can invite rape charges.

#3 This scenario, however, is complicated as well. Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 16 years of age."

Unfortunately, it includes an exception: "Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."

#4 In light of these legal complications, the most accessible legal recourse for the girl now is to seek annulment. Child rights activists aiding her have also approached local police to file a case against the husband.