Radha Krishan and Others vs Ellamma Reddy

The petitioners against whom the respondent complainant has preferred a complaint under Sections 4, 5 and 6, Child Marriage Restraint Act,

seek quashing of the proceedings on the ground that the Judicial First Class Magistrate No. II, Salem, has no territorial jurisdiction to take the

complaint on his file. The respondent herein has filed a complaint before the Judicial First Class Magistrate No. II, Salem, alleging that the first

petitioner had married the second petitioner before she had completed fifteen years of age and the other petitioners had abetted the commission of

the offence and hence the petitioners are liable under Sections 4, 5 and 6 of the Act mentioned above. Even according to the respondent the

marriage was solemnised at Palani which is within the limits of Madurai District. Hence the petitioners raised a preliminary objection before the

Magistrate that the court at Salem has no jurisdiction to entertain the complaint. The learned Magistrate without passing an order has simply

directed the petition to be filed with the records. It is in that situation the petitioners have come forward with this petition seeking for an order

quashing the proceedings.

The contention of the petitioners is well founded. As pointed out in Matuk Deo Narain Singh Vs. Vinayak Prasad and Others, , it is only the

place where the marriage ceremony took place that has to determine the court having jurisdiction to entertain the complaint. In this case even

according to the complaint the marriage took place only at Palani and hence the complaint should have been filed before the Magistrate having

jurisdiction over Palani and not before the Magistrate at Salem. The fact that petitioners 1 and 2 have been living as man and wife at Salem

subsequent to the marriage cannot confer jurisdiction on the court at Salem. That is because of the fact that what is prohibited under the Act is the

marrying of a girl who has not completed the age of fifteen years. Therefore, it is with reference to the place where the marriage was celebrated

that the court competent to try the case has to be determined. It, therefore, follows that the Magistrate at Salem has no jurisdiction to entertain the

complaint. However, the proceedings cannot be quashed. The Magistrate will have to return the complaint to the complainant for presentation to

the proper court, if so adviced. To the extent indicated above, the petition will stand allowed.

Order accordingly.