Lawstreet Journal

SC Declines To Punish A Minor Boy For Marrying An Adult Female Clarifying India’s Anti-child Marriage Laws [Read Judgment]

Lawstreet Journal 6 Jan 2020 8:31pm

Image courtesy: Lawstreet Journal Judiciary SC Declines To Punish A Minor Boy For Marrying An Adult Female Clarifying India’s Anti-child Marriage Laws [Read Judgment]

The Supreme Court of India recently, in the case of Hardev Singh v. Harpreet Kaur & Ors Criminal Appeal No. 1331 of 2013 has held that a boy of 17 years of age upon marrying a woman of 21 years of age, through the mutual consent of families of both the parties does not attract punishment under Section 9 of the Prohibition of Child Marriage Act, 2006. The Court further explained that the section would not attracted even in cases of adult females marrying a male child. The Apex Court clarified that the aforementioned section is only concerned with the apprehension of male adults marrying a minor girl. The Hindu law rightfully asserts the minimal age requirement to be 18 and 21 for girls and boys, respectively. 

The criminal appeal was being heard by a Division Bench comprising of Justice Mohan M. Shantanagoudar and Justice Aniruddha Bose.

In case of violation of any of the provisions of the act, it brings down punitive measure for the guilty party extending to a monetary amount of up to Rs 2 lakh rupees or imprisonment for up to two years. The singular agenda behind this act was to keep girls and boys out of child marriages and prevent them from marrying in an age of minority.

However, earlier in the case, the Punjab and Haryana High Court had put out an order penalising the boy of age 17 years for violating the minority clause by entering in to a marriage when the boy was a minor.… Continue Reading...

Tagged: Child Marriage  
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