JATI Vs. DALJIT SINGH

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Pali, in a proceeding under Section 12 of the Child Marriage Restraint Act, and arises under the following circumstances.

(2.) IT appears that on 15-6-1956, one Daljitsingh filed a complaint, against Panna and his wife Mst. Jati who is the petitioner before me to the effect that Panna and mst. Jati were about to solemnize the marriage of their daughter Pukhli aged six years and of another girl Najuri (daughter of one Jetha) aged 12 years and that the marriages were to be performed on the same evening and therefore prayed that an injunction be issued against Panna and his wife prohibiting the said marriages. A further prayer was made that "the accused" be punished in the matter. The Sub Divisional Magistrate Pali in whose. Court the aforesaid application was filed examined Daljitsingh, registered it under Section 6 of the Child Marriage restraint Act and directed that notices be issued to Panna and his wife to refrain from performing the marriages of Pukhli and Naiuri until further orders and to file their written statements in the matter. On the 22nd June, 1956 Panna appeared in court but Mst. Jati did not. An application was also filed on behalf of Mst. Jati under Section 205 Cr. P. C. for exemption from attendance in Court. The Magistrate rejected the application. Mst, Jati then went in revision to the learned Sessions Judge, Pali, against the order of the Magistrate rejecting her application for exemption from attendance in court, and this is how the present reference has arisen.

(3.) THE learned Sessions Judge formed the opinion that the Magistrate was a right in refusing exemption under Section 205 but the same should have been allowed under the Child Marriage Restraint Act, and as such exemption was not allowed, he has made the present reference recommending that the Magistrate be directed not to compel the attendance of "the accused'' until he has held a preliminary inquiry into 'the matter under Section 10 of the Child Marriage Restraint Act.