Saraswati vs Lokesh

October 23, 2018
Case No. MC 8359/2018 Date of Filing 17/02/2018 Status Pending Petitioners Saraswati through her Father Manraj Respondents Lokesh Kumar

The present petition has been filed by Saraswati Kumar, a minor aged 15 years seeking annulment of her marriage under Section 3 of the Prohibition of Child Marriage Act, 2006  (PCMA) as it was solemnized when she was a minor and she was forcefully taken away from the custody of her parents.

The Petitioner being a minor has approached the Family Court through her father Mr. Manraj Kumar. In the present case, the Petitioner was merely 12 years old when she was abducted by one Lokesh, a resident of the same area where the petitioner was residing with her parents, and the Respondent in the present case. The respondent then forcible performed a  marriage ceremony with the minor Petitioner as per Hindu rites.  Subsequently, another ceremony was performed in the presence of the petitioner’s parents, who were coerced to conduct the same.

On receiving information regarding the circumstances of the Petitioner who had been married against her will at a minor age, Childline India Foundation rescued the Petitioner and she was admitted to the care of a State-run home. The petitioner was subsequently transferred to the care of Swakshatra Home for Children and is currently under their care.

She has now approached the Family Court at Bangalore seeking an annulment of her marriage with the respondent as the same is contrary to the provisions of the PCMA.

As per Section 2(a) of the PCMA, a child in the case of females means a girl child who has not completed 18 years of age. Further, under Section 3 of the PCMA, a child marriage is voidable at the instance of the contracting party who was a child at the time of the marriage.

On 18.06.2018, the Family Court was pleased to issue notice in the present case which is scheduled to be taken up for hearing on 13.11.2018.

Case No. MC 8359/2018 Date of Filing 17/02/2018 Status Pending Petitioners Saraswati through her Father Manraj Respondents Lokesh Kumar