MANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that first marriage of Manju was solemnized when she was minor. Therefore, it was a void marriage. Learned counsel for the petitioner submits that the provisions of Sec. 11 of the Hindu Marriage Act, 1955 provides the void marriages by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Sec. 5.

(2.) The argument of the learned counsel cannot stand the scrutiny of law as a child marriage is not a void marriage as per Sections 5 and 11 of the Hindu Marriage Act, 1955. That being the position the first marriage cannot be said to be void. Since the first marriage cannot be said to be void, it cannot be said that on this premises the cognizance taken against the petitioner can be interfered with.

(3.) There is no force in this petition and the same is, therefore, dismissed. Petition dismissed.