Apex Court Directs To Ascertain Wishes Of Girl Who Was Married To Her Uncle While A Minor In Plea By Person Claiming To Be Husband
The Supreme Court, on Friday, issued a notice in a Special Leave Petition filed by a man alleging to be the lawful husband of a girl who was earlier allegedly married forcefully by her parents when she was a minor, to her maternal uncle. The petition challenges the Madras High Court's order in a habeas corpus petition holding that there is no illegal detention of the girl and that the child marriage between the girl and maternal uncle was valid.
The Bench of Justice S. Ravindra Bhat and Justice Aravind Kumar were dealing with an SLP filed by one Ilavarsan, who claimed to have solemnized marriage with the girl under Section 7 (A) of the Hindu Marriage Act, 1955 after she had turned major, and who had filed the habeas corpus Petition before the High Court.
Advocate-on-Record A Velan appeared for the petitioner before the Apex Court while Senior Advocate V. Krishnamurthy appeared for the respondents.
The petitioner contended that the High Court, instead of seeking production of the detenue, held that the earlier marriage performed by the parents of the detenue is perfectly valid and that the subsequent marriage performed in the presence of the Advocates and officer bearers of a Trade Union is invalid. The petitioner pointed out that the High Court had further ordered disciplinary action against the Advocates who solemnized his marriage with the detenue.
It was further submitted in the SLP that the girl detenue had informed the Child Welfare Committee of her forceful marriage and their house was raided by social workers. But despite that, the child marriage was performed against detenue's wishes by subjecting her to harassment.
Noting the submissions made, the Apex Court in its order directed "The Court is of the opinion that the alleged victim - Mathithra should be examined by the Secretary, District Legal Services Authority, Ramanathapuram. The concerned Superintendent of Police, Ramanathapuram, District Tamil Nadu, shall facilitate this process. The concerned Secretary of the Legal Services Authority shall also seek the assistance of a Lady Judicial Magistrate."
The Court further said in its order, "The District Judge is directed to ensure the availability of such a Magistrate for the purpose of recording the statement of Mathithra, the alleged victim, within a week, to ascertain her wishes, (a) whether she is forced to live with anyone and (b) her choice of residence and the concerned person, who she wishes to reside with. A copy of the order shall be communicated directly to the Registrar of the High Court of Madras as well as the concerned District Judge, Ramanathapuram for appropriate action. The report shall be submitted to this Court directly in a sealed cover within two weeks."
The Court will now consider the matter after three weeks.
Cause Title: Ilavarasan v. the Superintendent Of Police & Ors. [Special Leave to Appeal (Crl.) No(s).6534/2023]
