MUTHRILAL Vs. BHUP SINGH

JUDGEMENT

(1.) HIS reference laises an interesting question of law, namely whether a Court while issuing an injunction under Section 12 (1) of the Child Marriage Restraint Act (hereinafter called the Act) prohibiting the child marriage can issue a further direction that marriage of a person alleged to be a child shall not be celebrated for a further period of six to eight years.

(2.) THE facts which gave rise to the reference raising the above question of law, are briefly these-Bhupsingh who was the petitioner before the trial Court and is the non-petitioner in this reference and who shall be referred to as the petitioner, submitted an application in the Court of Munsif Magistrate, Illndaun, on 23rd of February. 1963. against Muthari, Smt. Rumari, Parshadi and Smt. Badami, alleging that the non-petitioners (petitioners here and who shall be called non-petitioners hereafter) were about to solemnise the child marriages of their sons Kishanlal and Shanti Swaroop aged 10 and 12 years respectively. The Munsif Magistrate directed : issue of notices to the non petitioners and also issued an ex parte injunction. The non-petitioners did not oppose the issue of the injunction but when the Magistrate proceeded to issue a direction for prohibiting the marriages of Kishanlal and Shanti Swaroop for a further period of eight and six years, the non-petitioners raised an objection. They contended that the Magistrate could prohibit only a marriage which had been arranged or which was about to be solemnised but the Magistrate had no jurisdiction to issue a direction prohibiting marriages for a period of six to eight years. The Magistrate overruled the objection. The non-petitioners thereupon went in revision to the additional Sessions Judge, Gangapur, and who accepting-the contention of the non-petitioners has made the present reference.

(3.) NOTICES of the reference were given to Bhupsingh-the petitioner-and the non-petitioners Muthari and others. Petitioner Bhupsingh has not cared to appear and oppose the reference. Mr. Guman Mal has appeared for Muthari and others and has supported the reference.