VIJAYALAKSHMI Vs. STATE

JUDGEMENT

(1.) The petitioners are accused 1 to 8 in C.C.No.308 of 2001 on the file of the learned Judicial Magistrate No.7, Madurai. The petitioners are accused 1 to 8 in C.C.No.308 of 2001 on the file of the learned Judicial Magistrate No.7, Madurai.

(2.) Devaraj, the de facto complainant in Crime No.63 of 2001 on the file of the Thirupparankundram Police Station, filed a complaint before the learned Magistrate alleging that his wife, who is living separately, had given their daughter, who was 13 years old, in marriage to her brother and, therefore, she has committed offences punishable under Sections 4, 5 and 6 of The Child Marriage Restraint Act, 1929. The said complaint was forwarded by the learned Magistrate under Section 156(3) of the Cr.P.C. for investigation and report. On receipt of the complaint, a crime was registered as Crime No.63 of 2001 by the respondent police and investigation was taken up, which ultimately resulted in filing of a final report against the petitioners, who are arrayed as A.1 to A.8.

(3.) The first petitioner is the wife of the de facto complainant and the 2nd petitioner is the mother of the first petitioner and petitioners 3 to 8 are the children of the second petitioner. The allegation in the final report is that the first petitioner was living separately from the de facto complainant on account of ill-feelings between her and the de facto complainant, who is her husband, and that the first petitioner by joining with the other petitioners got her daughter, aged about thirteen years, married to her younger brother Gopalakrishnan, who is the 5th petitioner on 8.12.2000 at Thiruparankundram Murugan Temple and, therefore, they have committed offences punishable under Sections 4, 5 and 6 of The Child Marriage Restraint Act, 1929.