SARIKA Vs. STATE OF U P

JUDGEMENT

(1.) SHRI Narayan Shukla, J. The present petition has been filed in the style of habeas corpus petition. Pursuant to the order passed by this Court, Smt. Sarika as well her husband Monu Yadav is present before this Court and speak that they have solemnized marriage on 6th of April, 2008, according to Hindu rites and they are living happily.

(2.) THE learned Counsel for the peti tioner, to establish that she is under age, submitted the certificate provided by the Board of High School and Intermediate Examination, U. P. for the High School ex amination of the year 2007 in which her age has been recorded as 5th of June, 1992. As per the date of birth recorded in the Mark-sheet she still has not completed 18 years and accordingly she does not fulfil the condition for marriage as is pro vided under Section 5 of the Hindu Mar riage Act, 1955. However, after perusal of the provisions of Sections 11 and 12 of the Act, I am of the view that neither their marriage is void nor voidable, however, it is punishable under Section 18 as in the present case there is a violation of clause (iii) of Section 5 of the Act and sub-sec tion (a) of Section 18 provides that every person who procures a marriage of him self or herself to be solemnized under this Act in contravention of the condition speci fied in clauses (iii), (iv) and (v) of Section 5 shall be punishable in the case of a con travention of the conditions specified in clause (iii) of Section 5, with simple im prisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.