AMULYA KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since the Lawyers have abstained from Court work, the petitioner appears in person. Pursuant to the order dated 20.08.2013, Sri Biswanath Rama Chandran CST Voltire Secretary of AMOFOI Organization, on receiving notice, has appeared in person. He submits that the said AMOFOI is a registered society under the Indian Societies Registration Act, 1860 and the society is conducting marriages in Gandharba form under the Hindu Law. However, he is unable to satisfy the Court as to under what provision of law, the said Organization is authorized to perform such marriages.

(2.) In the instant case, we find that the marriage took place with the aid and advice of the AMOFOI at AMOFOI on 26.03.2013. By that date, the victim was a minor, i.e. below 18 years of age.

(3.) Section 5 of the Hindu Marriage Act, 1955 prescribes the conditions to be fulfilled for solemnizing the marriage between two Hindus. Sub-section (iii) thereof provides that bride-groom must have completed the age of 21 years and the bride must have completed the age of 18 years at the time of marriage. A Hindu marriage can be solemnized in accordance with the customary rights and ceremonies of either parties thereto as envisaged in Section 7 of the said Act.