Court : Chennai Madurai
..... attains the age of majority on completing eighteen years of age. keeping in mind the same, if we again look into subsection (3) of section 3 of the prohibition of child marriage act, the anomaly in the act will emerge to light. in the case of a female, as per sub-section (3) since she attains the age of ..... the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the child marriage prohibition officer. (3) the petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority. (4) while granting a decree of nullity under this section, ..... or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age but before attaining the age of eighteen years. 7. section 2 (a) of prohibition of child marriage act, 2006 defines a child thus: child means a person who, if a male, has not completed twenty-one years of age, and .....
Tag this Judgment!Court : Chennai Madurai
..... , unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised. 7. child marriage is a violation of children s human rights. despite being prohibited by international law,and indian law it continues to rob millions of ..... uncle's son. 6. it is not in dispute that the petitioner's sister is a child as defined under the prohibition of child marriage act, 2006 (hereinafter referred to as the act ). 6.1. under section 2(a) of the act, child means a person who, if a male, has not completed 21 years of age and if ..... to the petitioner and his sister. 12. this court wish to point out that it is the duty of the child marriage prohibition officer, as contemplated under section 16 (3) (d) (e) of the prohibition of child marriage act, 2006, (d) to create awareness of the evil which results from child marriages; (e) to sensitize the community on the issue of .....
Tag this Judgment!Court : Chennai Madurai
..... punishes forms of sexual expression that are developmentally normal degrades and inflicts a state of disgrace on adolescents. child marriage prohibition: 31. the prohibition of child marriage act, 2006 (pcm act) seeks to prohibit the solemnization of marriages of girl below the age of 18 years and boys below the age of 21 years. the act prescribes ..... in a cycle of poverty and thereby loosing development, upliftment and social recognition. 34. therefore, it is time that child marriage should be prohibited, but the question is what should happen to the marriage which is already performed due to lack of awareness? 35. learned counsel appearing as amicus curiae to assist the court ..... and turns, this court was driven to decide the next issue regarding the validity of marriage in terms of the provisions of the prohibition of child marriage act, 2006. under the provisions of the said act, the marriage is a void marriage, only if the circumstances prescribed under sections 12 (a) to (c) exist. it .....
Tag this Judgment!Court : Chennai Madurai
..... the complaint given by the petitioner, the respondent police registered a case in crime no.739 of 2015 under sections 366-a, 465 and 468 ipc and section 9 of prohibition of child marriage act, 2006. after registration of the fir, the accused was arrested and the girl was secured and handed over to her parents. 4. learned counsel for the petitioner submitted .....
Tag this Judgment!Court : Chennai Madurai
..... 6 in a proper and real perspective. 5. the learned counsel for the revision petitioner/husband projects an argument that the ingredients of section 125 of cr.p.c prohibits the respondent/wife from claiming maintenance from the revision petitioner/husband, when she is leading a life of adultery with one suresh. 6. advancing his arguments, the ..... cash on hand and also doing money lending business and earning rs.10,000/- per month. even in the absence of necessary proof, as stated already, after marriage, it is the duty of the revision petitioner/husband to provide shelter and maintenance to the respondent/wife. since the revision petitioner/husband had not provided the essential ..... pg 539 at page 541 (patna). if a person is healthy, able-bodied, he must be presumed to be possessed of requisite source/means to maintain his wife, child and parents and the word 'means' does not signify like 'estate' or certain employment but also includes capacity to earn money. it is for a person/husband to .....
Tag this Judgment!Court : Chennai Madurai
..... , the criminal case was registered in crime no.48 of 1992 for the offences under section 498-a ipc and sections 3 and 4 of the dowry prohibition act, and he also got the second marriage. in that she was convicted against which she preferred an appeal. 7. but, here, it is on an earlier state. in the complaint itself, it is ..... the court of law, because spouse and the first petitioner and the fourth petitioner are alive. 5. now, according to him because of the second marriage, the second petitioner also gave birth to a male child. so the decision relied upon by the counsel for the petitioners in manju devi -vs- state of bihar and others is not applicable to the present ..... stating that the accused/first petitioner got married with the respondent on 27.05.2001 and due to the lawful wedlock, she gave birth to a male child on 22.05.2002, and the second child was born on 08.07.2004, because of the ill-treatment, she was away from the matrimonial home. now, the first petitioner has married the second .....
Tag this Judgment!Court : Chennai Madurai
..... on 01.11.2012, the deceased succumbed to the injuries in the hospital. therefore, he altered the case into one under section 302 ipc and section 4 of tamil nadu prohibition of harassment of women act. then, he conducted inquest on the body of the deceased and forwarded the same for postmortem. 2.6. p.w.9 dr.sathasivam conducted autopsy ..... returning to the police station at aruppukottai on 29.10.2012., she registered a case in crime no.243/2012 under section 307 ipc and section 4 of tamil nadu prohibition of harassment of women act. ex.p1 is the complaint and ex.p11 is the fir. 2.4. p.w.15 the then inspector of police took up the ..... the prosecution in brief is as follows: the deceased in this case was one mrs.pandeeswari. the accused is her husband. the marriage between them was celebrated four years before the occurrence. after the said marriage, they have a female child also. the accused is a lorry driver. though initially for two months, the marital life was a smooth one, however, it .....
Tag this Judgment!Court : Chennai Madurai
..... anybody. therefore, certain restrictions on fundamental rights and personal law are made in service rules in the larger public interest. 8. if once the second marriage itself is prohibited irrespective of the question whether it is permitted in personal law or not and when it is considered to be an offence under section 494 of the ..... respondents contended that the deceased being a hindu, was subject to the provisions of hindu marriage act, which prohibits bigamy and thus, he was prohibited from marrying a second time during the life time of his first wife. even where second marriage is permissible under the personal laws, in so far as government servants is concerned, permission ..... made subject matter to be governed by the personal law, when the employer has not provided so. therefore, in the opinion of this court, merely because illegitimate child has been put at par in the matter of inheritance, by specific and statutory provision, its benefit cannot be extended, so as to put a burden upon .....
Tag this Judgment!Court : Chennai Madurai
..... and her daughter at rs.10,000/- per month from the respondent. facts in brief: 7. the marriage between the parties took place on 08.12.1983. after marriage, they were living at thoothukudi and a female child born during the year 1992 is alive and other two children born during the year 1985 and 1988 died. ..... be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c)prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access ..... is not necessary that the aggrieved person has to be ill-treated and assaulted by the respondent to constitute domestic violence. any continuous deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. lakshmi prathima, 2008 2 ald .....
Tag this Judgment!Court : Chennai Madurai
..... the hindu succession act. the right of the appellant is a statutory right and the second marriage does not prohibit her statutory right. moreover there is no prohibition or restriction or exclusion under the act claiming her right in the event of second marriage. windows remarriages were, encouraged by grant leaders including mahatma gandhi. the government is ..... also disproportionate and the multiplier of 22 ought not to have been taken by the tribunal. 3. the tribunal ought to have taken into consideration the re-marriage of the claimant during the pendency of the claim petition. 4. so far as the contention regarding the negligence/contributory negligence on the part of the deceased ..... representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child. 15. we, therefore, of the considered opinion that the tribunal has committed grave error of law in holding that the parents of the deceased are not .....
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