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ALOK ARADHE, S. VISHWAJITH SHETTY
Sheela – Appellant
Versus
Manjunath – Respondent
Question 1? What is the applicability of Section 11 of the Hindu Marriage Act to a marriage where the bride was below 18 at the time of marriage? Question 2? What is the age requirement for the bride and groom under Section 5(iii) of the Hindu Marriage Act, 1955? Question 3? What is the court’s conclusion regarding the Trial Court’s decision in M.C.No.69/2012?
Key Points: - The judgment holds that Section 11 does not apply to marriages where the bride is under 18 at the time of marriage. (!) - Section 5(iii) requires the bride to be 18 years old and the groom 21 years old at the time of marriage. (!) - The appellant’s date of birth is proven to be 06.09.1995, with marriage on 15.08.2012, indicating she was under 18 at marriage. (!) - The Family Court erred in applying Section 11 to this case; Section 11 excludes clause (iii) of Section 5. (!) - The High Court sets aside the Trial Court’s judgment and allows the appeal. (!) (!) - The marriage in question is not void under Section 11 due to the omission of clause (iii) from Section 11’s scope. (!) - The record includes that the marriage date was 15.06.2012 and birth date 06.09.1995, establishing minor status at marriage. (!) - The Trial Court had concluded the marriage was void under Section 11; this was reversed. (!) (!)
JUDGMENT
1. This appeal under Section 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been filed against judgment and decree dated 08.01.2005 passed by the Trial Court in M.C.No.69/2012 by which the petition filed by the respondent under Section 11 of the Act seeking dissolution of the marriage has been dismissed.
2. Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 15.06.2012. It is the case of the respondent that after the marriage, he discovered that the date of birth of the appellant is 06.09.1995 and therefore, she was minor at the time of marriage. The respondent therefore, filed a petition on 30.08.2012 under Section 11 of the Act seeking a declaration that the marriage is a nullity on the ground that the appellant was minor at the time of marriage. The appellant filed statement of objections in which factum of marriage was admitted. However, all other contentions in the petition were denied.
3. The Family Court, on the basis of pleadings of parties, framed issues and recorded the evidence. The respondent examined himself as PW-1 and marked documents namely Ex.P1 to Ex.P3. The a
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