DELHI HC ISSUES NOTICE IN CHILD MARRIAGE CASE.

TODAY JUSTICE B.D.AHMED AND MANMOHAN OF DELHI HIGH COURT ISSUED NOTICE TO UNION OF INDIA AND STATE IN A WRIT PETITION CHALLENGING THE CONSTITUTIONAL VALIDITY OF SEC 375 AND 376 OF IPC ETC.RELATING TO CHILD MARRIAGE ISSUES. THE NOTICE WAS ACCEPTED BY THE COUNSELS.ARVIND JAIN ADVOCATE ARGUED ON BEHALF OF THE PETITIONER MAHADEV.
IT HAS BEEN PREYED THAT
(a The following sections/sub-sections Ultra virus of the Constitution of India and be struck down from the respective statute(s).
(i Exception provided in Section 375 of The Indian Penal Code,1860 which is as under :-
“Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape.”

(ii) the following words of Section 376 of The Indian Penal Code,1860 which are as under:-
“unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both”
(ii)Sub-Section 6 of Section 198 of Te Criminal Procedure Code,1973 which is as under:-
“(6) No court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual inter-course by a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.”
(iv)Clause (c) of section 6 of The Hindu Minority and Guardianship Act,1956 which is as under:-
“ (c) in the case of a married girl - the husband “
(b) Direct the Respondents by issuing Writ in the nature of Mandamus or any other Writ, Order(s) or Direction(s) not to enforce the Provisions of the Statutes mentioned in above said Prayer.
(c)Set aside the Order dated. 20.08.08 Passed by learned M.M, Delhi. Whereby sending the minor daughter of petitioner to Child Welfare Committee, Jail Road, New Delhi, as per the status report dated 21.08.08 filed by Sanjeev Parmar S.H.O Samay Pur Badli, Delhi in Writ Petition Criminal No. 821/2008.

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