ORDER :

(P.V. Kunhikrishnan, J.) :

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