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2015 Supreme(Mad) 2186

C.T.SELVAM
Abdul Khader – Appellant
Versus
K. Pechiammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants: V. Lakshmi Narayanan for V. Raghavachari
For the Respondent: Abudu Kumar Rajarathinam, Amicus Curiae

Order

C.T. Selvam, J.

1. This Criminal Revision arises against the order of learned Judicial Magistrate, Perambalur, passed in Crl. M.P. No. 11762 of 2012 on 23.11.2012. Respondent, a Child Marriage Prohibition Officer cum District Welfare Officer, Perambalur, moved Crl. M.P. No. 11762 of 2012 before learned Judicial Magistrate, Perambalur, informing that petitioners and another had arranged a child marriage on 17.11.2012, that the intended bride had been born on 18.05.1995 and therefore, the proposed marriage was in violation of The Prohibition of Child Marriage Act, 2006. She sought an injunction there against. It was contended on behalf of petitioners that respondent was acting towards gaining publicity and as the intended bride was a Muslim girl, personal law of Muslims was applicable. The Shariat Act, 1937, had made applicable such personal law. The intended bride was above 15 years and below 18 years. Muslim law informed that a girl could be given in marriage upon her attaining puberty and there was a presumption of her having done so at age 15. It therefore was contended that the intended marriage could not be prevented. In making absolute the interim order of injunction passe

































































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