Pcma 2006
Manoj Deka
(Querist) 25 December 2011
This query is : Resolved
Sir,
A male of age 19years and a girl of 18 years eloped mother of the girl lodged an FIR U/s 366 police arrested the boy and sent him JC. the girl U/s 164 said that she married herself with the boy and went with him of her own. on the other hand the parents of the boy filed a case in court seeking nullity of the marriage, actually no marriage were ever solemnized they just eloped and had sexual intercourse, the advocate of girl side has appeal the court for divorce.
Which will be preferred according to law Nullity or Divorce? since the male has not completed the required age of 21 years and he is minor according to PCMA2006.
Can we request to the court that under section 10 and 11 of PCMA 2006 be make punish all those who is still insisting and was insisted (including The Advocate) for elopement and for marriage.
Nadeem Qureshi
(Expert) 25 December 2011
Dear Manoj
advocate has no role in this crime, you can file a application/complaint before court for this.
the marriage is ab-initio void, due to age.
so the advocate are doing his job as per his clients circumstances or terms & condition of his & his client.
no comments upon him.
feel free to call
Sudhir Kumar, Advocate
(Expert) 26 December 2011
I will partially agree with Mr Qureshi. Prima-facie marriage appears to be void ab-initio. By making the girl to believe to hve been lawfully married and marriage nto having taken place and hving sexual relation, the boy can land up as rape accused. The querist has not specified the role of the advocate. If the advocate is pelading case in court then yes according to Mr Qureshi no action lists against him and I have to agree. If there is another advocate who heled in fraudulent marriage the he can be accomplice in crime depending on totality of circumstances. Even Pandit/Maulana/Granthi/Parson can also be co-accused if providing service in an illegal marraige despite knowing full facts. But the queriest has not elaborated the full facts as to when where adn how such so calle dmarriage took place.
Devajyoti Barman
(Expert) 26 December 2011
This is a case fo nullity of marriage.
On the bais of statement of girl the case should be quashed by the high court.
Forget about the advocates who are onky doing their duty which you may not like.
Shonee Kapoor
(Expert) 26 December 2011
The marriage doesnot exist as no marriage was performed.
What is the cause of it being void or nullity.
Any person lodging false complaint can be prosecuted. The girl being 18 years can give consent for sexual intercourse.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
