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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
MOIDUTTY MUSLIYAR – Appellant
Versus
SUB INSPECTOR VADAKKENCHERRY POLICE STATION – Respondent
| Table of Content |
|---|
| 1. overview of the case and allegations of child marriage. (Para 1 , 2) |
| 2. court's observations on the importance of child marriage prohibition. (Para 3 , 4 , 6 , 19 , 30) |
| 3. arguments regarding the applicability of personal law vs. statutory law. (Para 5 , 20 , 28) |
| 4. analysis of the prohibition of child marriage act and its supremacy. (Para 7 , 9 , 11 , 12 , 21 , 22) |
| 5. case law supporting the application of the act over personal laws. (Para 23 , 24 , 26) |
| 6. conclusion dismissing the petitioners' claims. (Para 31 , 32) |
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 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), Va
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