MANIK DINKAR JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Writ Petition No.674 of 2008 is filed by a person, who is father of a girl Tejashree, who has been sent to Childrens Home by an order of this Court earlier in Criminal Writ Petition No.395 of 2008. THE father wants custody of the girl and also wants that he should be allowed to have a child aborted which the girl Tejashree has conceived.

(2.) THE Writ Petition No.849 of 2008 is filed by the boy, who claims to be the husband of Tejashree, seeking her custody.

(3.) IN this background, the cases have been heard today. We have heard learned Counsel for the parties. Learned Counsel for the husband of Tejashree has drawn our attention to a Judgment of the Andhra Pradesh High Court in the case of Makemalla Sailoo & Anr. Vs. Superintendent of Police, Nalgonda Dist. & Ors., reported in II (2006) DMC 4 (DB), in which it is laid down that the marriage of the minor under the Hindu Marriage Act was an offence but is not an invalid marriage. While dealing with the case, the Division Bench of the Andhra Pradesh High Court observed in para 8 as under: