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Showing contexts for: section 12 hma in G.Saravanan vs The Commissioner Of Police on 6 April, 2011Matching Fragments
10. Now let us consider whether it is a voidable marriage under Section 12 of HMA. A perusal of Section 12 in its entirety makes it very clear that the violation of sub clause (iii) of Section 5 is conspicuously absent in Section 12 also, which means, the petitioner's marriage with the detenue is also not voidable.
11. In this connection, it is useful to refer to Section 18 of the HMA, which prescribes punishment for contravention of certain conditions of Hindu marriage. It specified that violation of conditions psecified in clauses (iii),
(iv), (v) of Section 5 is punishable and in particular it contemplates a simple imprisonment which may extend to 15 days or with fine which may extend toRs.1000/- or both in the case of violation of condition specified in Clause
(iii) of Section 5. Therefore, it is clear that the marriages conducted in contravention of the age stipulation is no longer a void or voidable or invalid marriage and it is punishable under Section 18 of the Hindu Marriage Act.
12. Further Section 13(2)(iv) of HMA enables a wife to petition for desolution of her marriage on the ground that he marriage was solemnised before she attained the age of 15 years and she has repudiated the marriage after attaining that age, but before attaining the age of 18 years. Thus, it shows that even a marriage of a minor girl is regarded as valid one and can only be dissolved on her petition provided she repudiates the marriage between the time she is 15 years old and 18 years old.
(b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immral purposes, such marriage shall be null and void."
15. A Hindu marriage which is not a void marriage under HMA would continue to be such, provided the provisions of Section 12 of the Prohibition of Child Marriage Act, 2006 are not attracted. In the case in hand, none of the circumstances specified in Section 12 arises.