Madhya Pradesh High Court
Shivbhan Singh Rathore Director Child ... vs State Of Mp on 8 October, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH WP No.15235/2020 (SHIVBHAN SINGH RATHORE DIRECTOR CHILD LINE HELPLINE BHIND VS. STATE OF MADHYA PRADESH & ORS.) Through Video Conferencing Gwalior dtd. 08/10/2020 Shri H.K.Shukla, learned counsel for the petitioner. Shri Abhishek Mishra, learned Panel Lawyer for the State. It is the case of the petitioner that the marriage of a minor girl aged about fourteen and half years has been performed and at present she is residing alongwith her husband and thus, she is in illegal detention of her husband.
Section 3 of the Prohibition of Child Marriage Act, 2006 (in short "Act, 2006") makes such marriage voidable. However, solemnizing a child marriage is an offence under Section 10 and 11 of the Act, 2006. As per Section 12 of the Act, 2006, marriage of a minor child is void under certain circumstances. However, whether the marriage of the girl is void in the light of Section 12 or not, is a disputed question of fact and in absence of any pleading to that effect, prima facie it cannot be said that the petitioner has made out a case pointing out that the marriage of the minor girl is void.
It is submitted by the counsel for the petitioner that the primary concern of the petitioner is to save a minor girl from her sexual harassment.
However, in the present case the moot question for consideration is that whether a minor girl, who has been married in 2 contravention of Act, 2006 can be said to be in illegal detention of her husband or not ?
Accordingly, the Counsel for the petitioner prays for and is granted three days' time to argue on the above mentioned question.
As prayed, list on 12/10/2020.
(G.S.Ahluwalia)
Pj'S/- Judge
PRINCEE BARAIYA
2020.10.09
10:52:36 -07'00'