ABDUL KHADER AND ORS. Vs. K. PECHIAMMAL

JUDGEMENT

(1.) This Criminal Revision arises against the order of learned Judicial Magistrate, Perambalur, passed in Crl.M.P.No.11762 of 2012 on 23.11.2012.

(2.) Respondent, a Child Marriage Prohibition Officer cum District Welfare Officer, Perambalur, moved Crl.M.P.No.11762 of 2012 before learned Judicial Magistrate, Perambalur, informing that petitioners and another had arranged a child marriage on 17.11.2012, that the intended bride had been born on 18.05.1995 and therefore, the proposed marriage was in violation of The Prohibition of Child Marriage Act, 2006. She sought an injunction there against. It was contended on behalf of petitioners that respondent was acting towards gaining publicity and as the intended bride was a Muslim girl, personal law of Muslims was applicable. The Shariat Act, 1937, had made applicable such personal law. The intended bride was above 15 years and below 18 years. Muslim law informed that a girl could be given in marriage upon her attaining puberty and there was a presumption of her having done so at age 15. It therefore was contended that the intended marriage could not be prevented. In making absolute the interim order of injunction passed by it on 16.11.2012, the Court below took note of the judgment of Full Bench of this Court in T.Sivakumar vs. Inspector of Police, Thiruvallur Town Police Station, Thiruvallur District, 2011 4 MadLJ(Cri) 315 to the following effect:

(3.) It also took note of the decision of the Division Bench of Delhi High Court in Mohammed Nihal vs. State, 2008 4 Crimes(Del) 650 , wherein it had been held that The Prohibition of Child Marriage Act, 2006 was applicable to Muslims.