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1976 Supreme(AP) 136

ALLADI KUPPUSWAMI, B.J.DIVAN, K.A.MUKTADAR
Pinninti Venkataramana – Appellant
Versus
State Of A. P. – Respondent


B. J. DIVAN, C. J.

( 1 ) SINCE both these matters raise a common point of law, both of them have been placed before the Full Bench for deciding the following question:"whether a Hindu Marriage governed by the provisions of the Hindu Marriage Act, 1955 where the parties to the marriage or either of them are below their respective ages as set out in Clause (iii) of Section 5 of the Hindu Marriage Act, is void ab initio and is no marriage in the eye of law. "in Crl. R. C. of 1975, the facts of that the petitioner No. 1 was convicted by the Judicial First Class Magistrate, Rajam for an offence punishable under Section 494 I. P. C. And petitioner No. 2 was convicted for an offence punishable under Section 494 read with Section 109, I. P. C. Both of them filed appeals and the appellate Court confirmed the convictions of both the petitioners, but modified their sentences to that of payment of Rs. 200. 00 and in default of payment of fine, each of the petitioners was sentenced to undergo rigorous imprisonment for one month. Against their convictions and sentences, the petitioners came by way of revision to this High Court.

( 2 ) WHEN the revision application came up before one of us (Mukta























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