LI Network
Published on: November 28, 2023 at 18:50 IST
The Karnataka High Court has dismissed the criminal case brought against a man (petitioner) for offenses under Section 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006.
The court took into consideration the survivor’s plea, emphasizing that she and her child depended on the accused-husband, and continuing the prosecution would not serve the interest of justice.
The survivor personally appeared before the court, asserting that the petitioner was the sole provider for the family. She argued that allowing the criminal proceedings to persist and incarcerating the petitioner would inflict more suffering and hardship on her and her child, rather than achieving justice.
The Bench, led by Justice Hemant Chandangoudar, examined the survivor’s Aadhar card, revealing that at the time of the alleged offense, she was approximately 17 years and 8 months old.
Although she is now of legal age (over 22 years), she remains financially dependent on the petitioner for her livelihood and that of her child. Apart from the petitioner, there is no other independent source of income for the survivor and the child.
Considering the affidavit submitted by the survivor-wife, Justice Hemant Chandangoudar granted the petition for quashing, stating, “If the criminal proceedings are allowed to be continued, it would result in the incarceration of the petitioner, and it would cause misery and agony rather than serving the ends of justice to the Survivor and her child. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law.”
It is noteworthy that the petitioner faced prosecution for marrying the survivor with full awareness that she was a minor and the daughter of his sister.
Case Title: Ganesh V v. State of Karnataka, W.P. No. 13600/2023