- (1.) THIS revision petition has been filed against the order 17.11.2012 whereby the custody of wife Vimla has been denied to the present petitioner.
(2.) THE contention of the present petitioner is that he has solemnized the marriage with prosecutrix Vimla and she has also narrated the same story in her statement under Section 164, Cr.P.C. An application has been moved by him to have the custody of his wife which has been rejected and she has been sent to the Nari Niketan which is perverse and reliance has been placed on Bhaga Ram v. State of Rajasthan & ors. (2009(1) wherein it has been held as under:- "It is pertinent to note that marriage of a girl below the age of 18 years in contravention of the provisions of Section 5 (iii) of the Hindu Marriage Act, 1955 is neither void under Section 11 nor voidable under Section 12 of the Act. Thus, the effect of the marriage cannot be wiped out for the reason that at the time of the marriage, the girl was below the age of 18 years. That apart, under the provisions of Section 6 of the Hindu Minority and Guardianship Act, 1956, husband is the natural guardian of person of the wife who is minor. Therefore, there was no occasion for the learned trial court to issue the directions that the girl may be kept in Nari Niketan till she attains the age of majority." It is not in dispute that the present petitioner has solemnized marriage with the prosecutrix and looking to the law laid down in Bhaga Ram's case(supra), the impugned order deserves to be quashed and set aside.
(3.) IN view of the above, this revision petition is allowed and the impugned order is hereby quashed and set aside. The prosecutrix should be given in the custody of the present petitioner.;