Sonu Paswan has filed this petition under Section 482 of the Code of Criminal Procedure with the prayer that order dated 28.4.2012 (Annexure-1) be quashed.

Perusal of impugned order indicates that In-charge, Chief Judicial Magistrate, Balrampur, vide the impugned order, has sent Rekha Devi, the wife of the petitioner to Nari Niketan, Utraula, District Balrampur, while noticing that according to school certificates Rekha Devi is a minor. It has further been noticed that Rekha Devi did not want to go to her parents' house, because she had apprehension that her life would be in danger in their company, because father of Rekha Devi, namely, respondent no.2 wanted Rekha Devi to be married to a person of advanced age.

Vide order dated 24.5.2012 Rekha Devi was directed to be produced in court from Nari Niketan, Utraula, District Balrampur.

Rekha Devi is present in court, as identified by constable, Mina Devi of Police Line, Faizabad.

Rekha Devi states that she got married to Sonu Paswan, the petitioner, and wants to live in her matrimonial home.

Learned counsel appearing for the respondent/complainant states that Rekha Devi is a minor and, therefore, cannot be sent in the custody/company of her husband.

I have considered the contention of learned counsel.

Although, the radiological age of Rekha Devi has been found to be more than 18 years, however, an issue has been raised on behalf of respondent that Rekha Devi is a minor and, therefore, sanctity cannot be attached to her marriage.

For considering the issue raised, provisions of Sections 5,11 and 13(2)(iv) of the Hindu Marriage Act, 1955 (for short 'Hindu Marriage Act'), are required to be noticed, which are extracted here below for ready reference:

"Section 5. Conditions for a Hindu Marriage.- A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely:-

i). neither party has a spouse living at the time of the marriage;

ii). at the time of the marriage, neither party-

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity.

(iii) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

(v)the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Sections 11: Void Marriages- Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i),(iv) and (v) of Section 5 of Hindu Marriage Act.

Section 13(2)(iv): that her marriage (whether consummated or not) was solemnised before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years."

Bare perusal of provisions of Section 5 of the Hindu Marriage Act indicates the conditions for a Hindu Marriage. Section 5(iii) provides that a bridegroom should have completed 21 years and bride should have completed 18 years at the time of marriage.

Section 11 of the said Act stipulates void marriages. It is required to be noticed that only the marriages, contracted in contravention of clauses (i), (iv) and (v) of Section 5 are void.

Clause (iii) of Section 5 of the Hindu Marriage Act is conspicuous by its absence in Section 11. It, thus, transpires that a marriage contracted by a bridegroom under the age of 21 years and a bride under the age of 18 years would