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2020 Cri L J 1279 (SC) ::2020 Cri LJ 1279
Supreme Court Of India
Hon'ble Judge(s): Mohan M. Shantanagoudar, Aniruddha Bose , JJ

Prohibition of Child Marriage Act (6 of 2007) , S.9, S.3— Punishment for male adult marrying child - Applicability - Male between age of eighteen and twenty-one years contracting marriage with female adult-S. 9 provides "Punishment for male adult marrying a child" - Legislators does not sought to punish a male between age of eighteen and twenty-one years who contracts into marriage with female adult - Male cannot be punished u/S. 9 but have option to get his marriage annulled u/S.3. Interpretation of Statutes - External Aid - Use of marginal note. (Para 3.8 3.9 4) Section 9 of the 2006 Act must be viewed in the backdrop of this gender dimension to the practice of child marriage. Thus, it can be inferred that the intention behind punishing only male adults contracting child marriages is to protect minor young girls from the negative consequences thereof by creating a deterrent effect for prospective grooms who, by virtue of being above eighteen years of age are deemed to have the capacity to opt out of such marriages. Nowhere from the discussion above can it be gleaned that the legislators sought to punish a male between the age of eighteen and twenty-one years who contracts into a marriage with a female adult. Instead, the 2006 Act affords such a male, ....

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