RAJENDRA MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) THE girl Ms.Jyoti Mishra has been produced from Short Stay Home. We have inquired from her. She submitted that she is willing to go along with her parents. Her parents have also shown willingness to take the custody of Ms.Jyoti Mishra.

(2.) SHRI J.N.Tripathi, learned counsel for respondent no.4 submitted that as per the case of respondent no.4 Ms.Jyoti Mishra is his married wife and he is entitled for the custody of wife as per section 6 of the Hindu Minority and Guardianship Act, 1956. It is further submitted by him that Ms.Jyoti Mishra is a person and as she has been brought to this Court, she may be set free to live as per her wishes. He has also drawn our attention to various documents produced by respondent no.4 to show that at present Ms.Jyoti Mishra is a major.

(3.) IN view of aforesaid, prima facie we find that the date of birth of Ms.Jyoti Mishra is 7.1.1995. So far as the claim of respondent no.4 that Ms.Jyoti Mishra being the wife of respondent no.4, she be given in the custody of respondent no.4 is concerned, we have examined various provisions under the INdian Penal Code and also under the Hindu Marriage Act, 1955. Section 366A of the I.P.C. provides Procuration of minor girl below 18 years, the aforesaid Act is an offence. Section 5(iii) of the Hindu Marriage Act, 1955 provides condition for Hindu marriage, which specifically prohibits the marriage when the bride is below 18 years. Section 18 of the Hindu Marriage Act provides punishment for the contravention of condition under section 5(iii) of the Act and makes it punishable. IN these circumstances, at present if the marriage was performed by respondent no.4 with Ms.Jyoti Mishra, then it is an offence under the aforesaid provision.