Supreme Court Sets Aside Adverse Observations Made By Orissa HC Against Anti-Caste Marriage Organisation

The Supreme Court set aside adverse observations made by Orissa High Court against an Organisation viz. Anti-caste Marriage and One Child Family Organisation (AMOFOI)

In a judgment delivered in 2013 disposing a habeas corpus petition filed by a parent, the High Court had also imposed a fine of Rs. 2 lakh on AMOFOI for allegedly facilitating marriage of a minor girl. B Ramachandra CST Voltaire, representing the organisation, approached the Apex Court challenging the observations made and the fine imposed.

Before the Apex Court, the detenue girl filed an affidavit stating that she has voluntarily, out of her own will, married the boy and as on the date of marriage both were majors and that they had taken the help of the AMOFOI since the elders were opposed to the alliance. She further stated that they are living a happy married life and have two children born from the wedlock and that her parents also have reconciled

"In that circumstance, in our opinion, when the parties themselves are indicating the manner in which the marriage between them had taken place and the reason for which the parties had sought the assistance of the appellant's organization, it would not be justified for us to penalise the appellant(s) in the present circumstance.. Therefore, the Order(s) passed by the High Court to the extent of making adverse observations against the appellant(s) and directing criminal prosecution as also the imposition of fine, shall stand set aside.", the bench of Justices AS Bopanna and PS Narasimha observed.

The court added that State Government shall monitor the working of all organizations of such nature and if only there is any activity contrary to law, appropriate action be taken.

Case : B. RAMACHANDRA CST VOLTAIRE vs AMULYA KUMAR JENA | SLP(Crl) No(s).10110-10112/2013

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