Judgment Search Results Home > Cases Phrase: prohibition of child marriage act 2006 section 5 custody and maintenance of children of child marriages Page 3 of about 966 results (0.082 seconds)

Pinninti Venkataramana and anr. Vs. State

Court : Andhra Pradesh

Reported in : AIR1977AP43

..... invalid by any provision therein and that the contravention of the provisions of that act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the act. it is also laid down ..... with the solemnization of a marriage in contravention of the provisions of the child marriage restraint act were liable for punishment, the marriage itself was not rendered void or null and void.11. this position was clarified by the decision of jagadisan , j. sitting singly, in sivanandy v. bhagavathyamma, : air1962mad400 . there it was pointed out that a child marriage though prohibited by child marriage restraint act is not rendered .....

Ram Gopal Vs. Bhupinder Kumar and anr.

Court : Delhi

..... substantial questions of law:i. whether the case of the appellant was covered under sub- section 3 of section 6 of the dowry prohibition act, 1961 which provides that where a woman dies within 7 years of a marriage otherwise than due to natural causes, property shall, if she has no children, be transferred to her parents? ii. whether the ..... by the respondent for the reason that in view of the existing provisions under section 6 of the dowry prohibition act as it stood before the amendment, despite death of the deceased usha who died within 7 years of her marriage without leaving any children would go back to her heirs and for that purpose reference will have to ..... the case of the appellant was covered within the proviso to sub section 3 of section 6 of the dowry prohibition act, 1961 (hereafter called the said act) which provided that where a woman dies within 7 years of her marriage otherwise than due to natural causes, property shall if she has no children be transferred to her parents and .....

Muthrilal and ors. Vs. Bhup Singh

Court : Rajasthan

Reported in : 1965CriLJ836

..... persons bringing about such marriages punishable and the legislature did not consequently think it proper to provide for ..... appears to be that injunction can be issued only to prevent a marriage which has been arranged or is about to be solemnized.sub-section (1) does not contemplate in/unction prohibiting child marriages generally irrespective of such marriages being under contemplation or not. it may be significantly pointed out that a general prohibition against child m images is contained in the act itself which makes the .....

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

..... . similar punishment is prescribed for anyone who performs, conducts, directs or abets or negligently failed to prevent any child marriage. the statutory scheme manifests the legislative intent of not simply restraining child marriages but crl rev.no.443/2009 & crl.m.a.no.3071/2010 122 prohibiting them and is statutory recognition of social and adult responsibility for the same. it places not a shadow ..... minor is incapable of giving lawful consent. the law presumed that the consent of a child is irrelevant as they are not capable of legally consenting or having an informed choice.163. the child marriage restraint act was repealed in the year 2006 and replaced by the prohibition of child marriage act, 2006 ( the pcm act herafter). while the new law maintains some parallels with the .....

Thirumalai and anr. Vs. Goniathi Ammal and anr.

Court : Chennai

Reported in : (1999)3MLJ590

..... considered as a family necessity, and under the child marriage restraint act, the marriage is never considered as null and void. merely because child marriage is prohibited it does not follow that the marriage would be declared invalid. only persons who are responsible for such marriage are taken to task under the child marriage restraint act. it was also argued that ..... is not the case of the appellant that the plaintiff has contracted a child marriage. on the date when exhibit a.i was executed, law permitted the marriage of a female above 14 years of age and the same was not prohibited under child marriage restraint act.11. much reliance was placed by learned counsel for appellants on ..... j., as he then was, held that the alienations were invalid in view of the provisions of child marriage restraint act.14. on the date when ex.a-1 was executed, there was no prohibition for conducting the marriage of a female above 14 years of age. subsequent amendment or change in law cannot affect the .....

Marimuthu Vs. The Inspector of Police, Ayakudi Police Station, Dindigu ...

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 .....

Makemalla Sailoo Vs. Superintendent of Police and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD290; 2006(2)ALT383; II(2006)DMC4

..... punishment to male adult above 21 years of age marrying a child. section 5 provides for punishment for solemnizing a child marriage and section 6 provides for punishment to parent or guardian concerned in a child marriage. offences under the act are made cognizable and there is a power to issue injunctions under section 12 prohibiting marriage in contravention of the act. this act also does not ..... make the marriage void even if one of the spouses or both the spouses are minors. therefore the marriage contracted by a minor neither under the child marriage restraint act nor under the hindu marriage act is void and nullity. we are fortified in our .....

Mohd. Anis and Another Vs. State of NCT of Delhi and Others

Court : Delhi

..... in shamsuddin v. state, (wp(crl.) 13 of 2009, decided on 15.05.2009) where a similar question about the marriage of a minor muslim girl arose, in the context of the provisions of the prohibition of child marriage act, 2006 , this court observed that: "7. in the present case, the facts are slightly different. here, we have ..... section 3 (1) of the prohibition of child marriage act, 2006 stipulates that every child marriage, whether solemnized before or after the commencement of this act, shall be voidable at the option of the contracting party who was a child at the time of the marriage provided that a petition for annulling a child marriage by a decree of nullity may ..... way. therefore, we can safely come to the conclusion that her marriage with bhura @ furqan was not a void marriage. 8. we may also notice certain provisions of the prohibition of child marriage act, 2006 as also the guardians and wards act, 1890. under the former act, a child, if a female, has been defined under section 2 (a .....

Furqan Vs. State

Court : Delhi

..... issue/question at great length and, thereafter, noted that the prohibition of child marriage act, 2006 is a secular legislation, and being special law, would have an overriding effect over personal law but observed as under:we have already reproduced sections 2(a), 9 ..... .m.c. no.3073-74/2006 decided on 23.02.2007. shamsuddin vs. state : w.p. (crl.) 13/2009 decided on 15.05.2009 in which the provisions of the prohibition of child marriage act, 2006 were also considered.11. recently, full bench of this court in court on its own motion (lajja devi) vs. state :2012. (193) dlt 61.had examined the ..... valid or the provisions of pcm act would prevail over the hm act. (the word pcm act refers to the prohibition of child marriage act, 2006) 12. thereafter, on the question of right to reside, that is whether an underage (below 18 girl) can be allowed to stay and reside at a place of .....

Dr. Vincent Panikulangara, Lawyer Vs. Union of India and Another

Court : Kerala

..... under 15 years age, is not rape. the contention urged by the petitioner is that as per the child marriage restraint act, 1929, which is replaced by prohibition of child marriage act, 2006 (hereinafter referred to as '2006 act'), child is defined as a person, if a male who has not completed 21 years of age and in ..... case of female, if she has not completed 18 years of age. child marriage is prohibited and after the 2006 act coming into force, identical provisions had been incorporated regarding child marriage and the age of the contracting parties. the contention of the petitioner is that there cannot be any ..... of the different custom and practices prevailing in the country, especially with reference to the marriages between children below the age of majority. it is argued that though there is prohibition for child marriages, being a country of such diversity, child marriages are still happening which can be curbed only by creating awareness among the public at large .....