PUNARJANI CHARITABLE TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) This bunch of Writ Petitions raise common concern and since they were heard analogously, all the cases are disposed by the following judgment:

(2.) For the sake of convenience, the reference to the facts in this judgment are from the pleadings in W.P(C). No.16181 of 2013. The petitioner in this case is a charitable trust and is concerned with the negative impact of child marriages in the State of Kerala and in particular, in Kozhikode and Malappuram Districts. They seek direction on the State Authorities to initiate appropriate legal action against the offenders, who have acted in defiance of the provisions of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as 'the Prohibition Act, 2006'). Further direction is sought on the Registering Authorities to not to register the marriages of any person, who has not completed the mandatory minimum age, as provided under Sec. 2(a) of the Marriage Prohibition Act, 2006. Analogously, they seek quashing of the circular dated 6.4.2013 (Ext.P9), whereby the Local Self Government Authorities of Kerala Government had clarified that there is no legal impediment in registering the Muslim marriages, where the male has not attained 21 years and the female has not attained 18 years, on the basis of the certificate of the religious authority, as per Rule 9(3) of the Kerala Registration of Marriage (Common) Rules, 2008 (hereinafter referred to as 'the Registration Rules').

(3.) Leading the arguments for the petitioners, the learned counsel Sri. C.S. Dias would refer to the statistical data (Ext.P3) secured under the Right to Information Act to point out that large number of child marriages are conducted in the State of Kerala but the problem is more acute in the Malappuram District. According to the counsel the Prohibition of Child marriage Act, 2006, which was notified for its application in the State of Kerala, was intended to prohibit, solemnization of child marriage and punish those, who have acted in violation of the statutory enactments.