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P. V. KUNHIKRISHNAN
Moidutty Musliyar – Appellant
Versus
Sub Inspector Vadakkencherry Police Station – Respondent
ORDER
Kerala is known for its 100% literacy. But, it is sad to hear that, even after the enactment of the Prohibition of Child Marriage Act decades ago, there are allegations of Child Marriage in Kerala. The saddest thing is that the petitioners herein are trying to justify the alleged child marriage stating that as per Mohammedan Law, a Muslim girl enjoys a religious right to marry after attaining puberty irrespective of age, even though the Prohibition of Child Marriage Act apply to all the citizens of India without and beyond India.
2. The prosecution case as per Annexure-I final report and Annexure-II FIR is like this : Integrated Child Development Scheme Officer (ICDS Officer), Vadakkencherry submitted a complaint to the Circle Inspector of Police, Vadakkencherry informing that a child marriage happened within the jurisdiction of ICDS Alathur Additional. The ICDS Officer relied on a complaint submitted by one K.Syed Muhammed in which it is stated that a child marriage happened on 30.12.2012. Based on this information and complaint, Crime No. 490/2014 was registered by the Vadakkencherry Police Station alleging offences punishable under Sections 10 and 11 of the Prohibition of
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
Prohibition of Child Marriage Act, 2006 supersedes Muslim personal law.
The Prohibition of Child Marriage Act, 2006 applies universally to all citizens of India, overriding personal laws, and establishes that child marriages are voidable at the option of the minor, reinf....
The marriage of a Muslim girl is governed by Muslim Personal Law, and the competence to marry is determined based on the age of puberty. The court emphasized the protection of fundamental rights as p....
The Prohibition of Child Marriage Act allows for annulment of child marriages within two years of attaining majority, and such marriages are voidable, not void.
(1) Child marriage is voidable but not void – Any party to such transaction must elect to confirm or void it.(2) Void marriage—Child marriage—Any person whether male or female, who has attained age o....
(1) Principles applicable to determination of age in case of a juvenile would in terms apply to cases of determination of age of a victim as well.(2) In face of a date of birth certificate from schoo....
The central legal point established in the judgment is that the marriage of a minor under the Prohibition of Child Marriage Act, 2006, is voidable at the option of the contracting party who was a chi....
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