RAMAKRISHNA JOLSIAN Vs. BHASKARAN

JUDGEMENT

(1.) This appeal is against the order passed by the Additional District Judge of Trivandrum in O.P. 1/58 which was a petition filed by the appellant under S.18 and 19 of the Hindu Marriage Act, Act XXV of 1056. The appellants case was that he is the guardian of his daughter who is aged only 17. It was stated that the respondent was giving tuition to his daughter and that on 16-11-56 while the appellants daughter was going to the school, the respondent took her to his house and married her in the presence of various persons. The appellant therefore prayed that the respondent may be punished under clause (c) of S.18 of the Act.

(2.) The respondent raised a preliminary, objection that the petition is not maintainable and has to be dismissed in limini. At the request of the parties this preliminary point was heard by the learned District Judge who held that the petition is not maintainable and dismissed the petition. The appeal is against this order.

(3.) S.18 of the Hindu Marriage Act prescribes the punishment for a person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), (v) and (vi) of S.5. We are concerned in this case only with clause (vi) of S.5. S.5 clause (vi) lays down that where the bride has not completed the age of eighteen years, the consent of her guardian has to be obtained for the marriage. S.18 makes the contravention of the conditions specified in clause (vi) of S.5 and the solemnisation of such a marriage an offence.