NDLI: Hardev Singh Vs. Harpreet Kaur & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prohibition of Child Marriage Act Interpretation of Marginal note of section 2006 s.9
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prohibition of Child Marriage Act, 2006 (6 of 2007)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Prohibition of Child Marriage Act, 2006 – s.9 – Interpretation of – High Court directed registration of FIR for criminal offence u/ s. 9 of the Act, 2006 against the appellant – It was alleged that appellant was only 17 years, when he married respondent no.1 – However, it is not disputed that respondent no.1 (wife of the appellant) was a major at the time of marriage – Held: A literal interpretation of ss.2(a), 2(b) and 9 would mean that if a male aged between the years of eighteen and twenty-one contracts marriage with a female above eighteen years of age, female adult would not be punished, but it is the male who would be punished for contracting a child marriage, though he himself is a child – However, such interpretation goes against the object of the Act – The intention was to punish the male adults contracting child marriages to protect minor young girls – This is also supported by the marginal note of the s.9, which reads “Punishment for male adult marrying a child” – Thus, the words “male adult above eighteen years of age, contracts a child marriage” in s.9 should be read as “male adult above eighteen years of age marries a child” – In the instant case, the High Court committed error on the face of record as appellant was 17 years old i.e. below eighteen years when he married respondent no.1 – Hence, s.9 was not applicable to the appellant – Accordingly, the direction of the High Court to register FIR quashed and the impugned order set aside – Interpretation of statutes. Interpretation of statutes – Marginal note of section – Held: It is well settled that where any ambiguity exists with regard to the interpretation of a legislative provision, the marginal note can be used in aid of construction, having regard to the object of the legislation and the mischief it seeks to remedy.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2019 INSC 1219
Petitioner	Hardev Singh
Respondent	Harpreet Kaur & Ors.
SCR	[2019] 14 S.C.R. 120
Judgement Date	2019-11-07
Case Number	1331

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