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?
N.K.Assumi (Advocate) 25 December 2009
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?
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 Mohammed (Advocate ) 25 December 2009
Yes.
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
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?
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