Sakina Tashrifwala
Published on: October 20, 2022 at 20:32 IST
The Supreme Court overturned the Orissa High Court’s adverse observations against an organisation, Anti-caste Marriage and One Child Family Organization (AMOFOI).
In a 2013 decision on a habeas corpus petition brought by a parent, the High Court slapped a Rs. 2 lakh fine on AMOFOI for allegedly assisting in the marriage of a juvenile girl.
B Ramachandra CST Voltaire, representing the organisation, petitioned the Apex Court to overturn the remarks and punishment.
The detenue girl filed an affidavit before the Apex Court indicating that she had married the boy freely, out of her own free choice, and that as of the day of marriage, both were majors, and that they had sought the assistance of the AMOFOI since the elders were opposed to the partnership.
She went on to say that they are a happy married couple with two children born out of wedlock, and that her parents have reconciled.
“In that case, in our opinion, where the parties themselves indicate the method in which their marriage occurred and the reason for why the parties sought the assistance of the appellant’s organisation, it would not be justified for us to penalise the appellant(s).”
“As a result, the High Court’s Order(s) finding adverse observations against the appellant(s) and directing criminal prosecution, as well as the imposition of a fine, shall be set aside “, remarked the bench of Justices AS Bopanna and PS Narasimha.
The court also stated that the state government will supervise the operations of all groups of this type and, if any illegal behaviour is detected, appropriate action will be taken.