Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

The Karnataka High Court has quashed the criminal case initiated against a man (petitioner) for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice.

The survivor had appeared before the court and pleaded that the petitioner was the sole breadwinner of the family. She claimed that if the criminal proceedings were allowed to be continued and the petitioner incarcerated, she and her child would be put to more agony and misery rather than securing the ends of justice.

The Bench took note of the Aadhar card of the survivor, which indicated that on the date of the offence, she was aged about 17 years 8 months. Though a major now (being aged more than 22 years), she was dependent on the petitioner for her livelihood alongwith that of her child.

Except the petitioner, the survivor and the child born from the wedlock had no source of independent income.

Considering the affidavit filed by the survivor-wife, Justice Hemant Chandangoudar allowed the petition for quashing and observed “If the criminal proceedings are allowed to be continued, it would result in incarceration of the petitioner, and it would cause misery and agony rather than serving the ends of justice to the Survivor and her child. Therefore, the continuation of the criminal proceedings will be an abuse of process of law.”

Notably, the petitioner was being prosecuted for marrying the survivor knowing fully well that she was a minor and daughter of his sister.

Advocate Advaith appeared on behalf of Advocate Trivikram S for Petitioner

HCGP K Nageshwarappa appeared for the State

Citation: 2023 LiveLaw (Kar) 453

Case Title: Ganesh V v. State of Karnataka, W.P. No. 13600/2023

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