HARDEV SINGH versus HARPREET KAUR & ORS.

HARDEV SINGH versus HARPREET KAUR & ORS.

Section 9 of the Prohibition of Child Marriage Act, 2006 cannot be applied to a male below eighteen years of age who marries a female adult, and is intended to punish male adults marrying female children, not female adults marrying male children.

Parties
Appellant: Hardev Singh; Respondent No.1: Harpreet Kaur; Respondents: Others
Jurisdiction
India
Judgment Date
07 November 2019
Procedural Posture
Criminal Appeal / Final Judgment on Appeal
Outcome
Appeal allowed. Impugned order set aside.
Legal Topics
Child Marriage, Interpretation of Statutes
Criminal Law Family Law Child Marriage Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hardev Singh

Appellant

Harpreet Kaur

Respondent No.1

Others

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether Section 9 of the Prohibition of Child Marriage Act, 2006 applies to a male below eighteen years who marries a female adult.
  2. 2 Interpretation of Section 9 of the Prohibition of Child Marriage Act, 2006 in relation to punishment.

Ratio Decidendi

Section 9 of the Prohibition of Child Marriage Act, 2006 cannot be applied to a male below eighteen years of age who marries a female adult, and is intended to punish male adults marrying female children, not female adults marrying male children.

Court Disposition

Appeal allowed. Impugned order set aside.

Orders

  • Quashing of FIR No. 122 dated 24.12.2010 and direction for registration under Section 9 of the Prohibition of Child Marriage Act, 2006.
  • Police protection is no longer required; impugned High Court order recalled.