CEHMBRATH ARAKKAL JAMAL Vs. KUNNUMMAL MANSEERA

JUDGEMENT

(1.) A poor girl of 17 was, unfortunately, given in marriage, evidently without her consent, to the petitioner herein. The parties are Muslims. In fact, the contract of marriage was entered into by overlooking the provisions of the Prohibition of Child Marriage Act, 2006.

(2.) The plight of the poor girl, after the marriage was horrible. She was tortured and harassed to the maximum. Admittedly, an amount of 1 lakh and gold ornaments weighing 30 sovereigns were obtained by the petitioner from the parents of the girl at the time of marriage. He has spent all the money and misappropriated thegold ornaments. Harassment continued. In the meant time, she became pregnant.

(3.) The relatives of the girl, including her father, filed a complaint before the Thenhipalam Police Station, which culminated in a compromise talk at the instance of the Police at the Police Station, in which the petitioner and his relatives on the one part and the relatives of the poor girl on the other part had participated. The Police decided that the matter could be settled by permitting the petitioner to repay an amount of 90,000/- out of the amount of I,00,000/- and by return 10 sovereigns of gold only out of 30 sovereigns of gold misappropriated by the petitioner. The relatives of the girl had no other go than to succumb to the pressure of the Police, and Ext.P1 agreement to that effect was entered into on 20.11.2002. As per the said agreement, the petitioner had agreed to return the said amount of 90,000/- and the 10 sovereigns of gold on or before 30.1.2003.