RECENT CASE STUDY RELATING TO CHILD MARRIAGE.

NANDAKUMAR AND ANR.

VERSUS
THE STATE OF KERALA & ORS.
CRIMINAL APPEAL NO. 597 OF 2018

Purba Goswami
Astt. Prof., NEF LAW COLLEGE
 FACTS OF THE CASE
 Nandakumar (Appellant No.1) married Ms. Thushara on 12th April, 2017

 As on the date of marriage, Thushara was 19 years old and was therefore

competent to enter into wedlock.

 Thushara’s father (Respondent 4) filed a petition of habeas corpus in

Kerala HC alleging his daughter being missing as according to him, she

was kept in an illegal custody under Nandakumar.

 On the date when the W.P. was taken up, all the parties were interacted by

the HC.
ISSUES AROSE IN HC
 Dispute arose not with the age of Thushara, as she was above the required

age for a female to get married, but with the age of Nandakumar, who was

found to be of 20 years of age on the date of marriage, that makes him

incompetent to enter into a wedlock, as for a male, it is 21 years.

 HC also remarked that other than marriage photographs, no other evidence

was produced which can give the marriage a legal validity.

 JUDGMENT PASSED BY HC
 HC allowed the Writ Petition on these grounds

 The custody of Thushara was entrusted to her father.

 Assailing the aforesaid order, the present appeal is preferred.

 Issues arose in SC
• Issues that arose in the appeal was regarding the age of Thushara and

Nandkumar, where the learned counsel for the appellants pointed out that-

A. HC has adopted an approach not permissible by law. The approach being

that-- deciding on behalf of Thushara with whom she would live. Thushara

being above 18 years of age, has a right to live wherever she wants to.

B. Insofar as the age of Nandakumar is concerned, who was below the

marriageable age at the time of marriage, would not merely make the

marriage void.
• Thushara and Nandkumar both being Hindu, such marriage can’t be void,

at the most, the marriage would be a voidable one.

C. Thushara and Nandkumar both being major, though they cannot enter in a

wedlock, they still have a right to live in a live- in relation.

 Judgment passed by SC

• SC allows the appeal.

• It had set aside the impugned order of the HC.

• Choice was given to Thushara as to with whom she wants to live.