PARVEEN @ BHANU PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. Learned counsel for the petitioner submits that it is not a case of kidnapping of Pinki from the lawful guardianship of her mother nor it is a case of abduction for forced marriage or illicit sexual intercourse. He submits that Pinki willingly eloped with him and married him. He submits that as per her mother, while leaving her abode, Pinki took with her one gold ring, one set of ear tops, chandi ka guchha, 3-4 dresses and one chandi pendal. He submits that this shows that she willingly eloped with the petitioner to be married to him. He further submits that Pinki has now married the petitioner and is cohabiting with him as his wife. He further submits that Pinki could lawfully marry because she was more than 20 years old.

(2.) Learned State counsel on the other hand submits that Pinki was born on 2.3.1986. As per section 5 of the Hindu Marriage Act, there could be no marriage between her and the petitioner when she was less than 18 years old. He submits that marriage, if any, between them is a void marriage and it could be her kidnapping from lawful guardianship and her abduction by Parveen alias Bhanu Partap Singh.

(3.) Their marriage, if any, may or may not be void but the fact remains that if they are husband and wife, they are husband and wife so far as criminal law is concerned. Intercourse by a man with his wife who is less than 12 years is an offence but if she is more than 12 years of age, it is no offence.