N.K.Assumi (Advocate) 25 December 2009

Can hindus be prosecuted under Child Marraige Act?

If a hindus violate sub clause (iii) of section 5 can they be punished under the Child marriage Restraint Act 1929, which is more severe to HMA?

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16 Replies

Nali Seshu Kumar (SOCIAL WORKER) 25 December 2009

Depends upon the ages of married persons.

Ashok Yadav (Lawyer) 25 December 2009

Sure why not, hindus can also punished for child marriage

N.K.Assumi (Advocate) 25 December 2009

That means he can be punished both under the Hindu Marriage Act 1955 and the Child Marriage Restraint Act 1929.

Arvind Singh Chauhan (advocate) 25 December 2009

Why not.

Anil Agrawal (Retired) 25 December 2009

Why the doubt?

N.K.Assumi (Advocate) 25 December 2009

Section 26 of the General Clauses Act.

Khaleel Ahmed (Legal Advisor) 25 December 2009

Yes.

(Guest)

Sec.5 under clause 3 of HMA clearly mentioned that the bridegroom have to complet the age of twenty-one years and the bride should be the age of eighteen years at the time of the marriage.

If violated the age, Hindus are also laible for prosecution. There is no doubt.

Suchitra. S (Advocate) 25 December 2009

Yes. There is punishment for Hindus under Child Marriage Restraint Act 1929. s. 3, 4, and 5 are quite clear about it.

N.K.Assumi (Advocate) 25 December 2009

Thank you all of you for the clarifications.

Ashok Yadav (Lawyer) 26 December 2009

I want to make it clear that if some one voilate sec. 5 (iii) of HMA then his/her marriage is voidable, and there is no penal provision in it. And under Child marriage act there are penal provisions, one can be punished under Child marriage act and can not be punished under HMA.

Anish goyal (Advocate) 26 December 2009

Ashok sir i think you r skipping section 18 of HMA

Anil Agrawal (Retired) 27 December 2009

Penal provision in Sec.18 of HMA for violation of Sec.5(iii) and (iv). I beg to support Mr. Goyal.

N.K.Assumi (Advocate) 27 December 2009

If Hindus are Governed by HMA, why again drag in Section 5 of the Child Marriage Restraint Act of 1929? As in that case Hindus can be punished under two heads, whereas others will be punsished only under one head namely Child Marriage Restraint Act 1929, is it not violation of Article 14 of the Constitution and discriminate the Hindus?