Sri. Manjunatha. N vs The State Of Karnataka on 10 March, 2026

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    Karnataka High Court

    Sri. Manjunatha. N vs The State Of Karnataka on 10 March, 2026

    Author: M.Nagaprasanna

    Bench: M.Nagaprasanna

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                                                            CRL.P No. 1605 of 2026
    
    
                       HC-KAR
    
    
    
                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                                DATED THIS THE 10TH DAY OF MARCH, 2026               R
                                                BEFORE
                              THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                                 CRIMINAL PETITION NO. 1605 OF 2026
    
    
                       BETWEEN:
    
                       1.    SRI MANJUNATHA N.,
                             AGED ABOUT 31 YEARS,
                             S/O NARAYANASWAMY
    
                       2.    SRI NARAYANASWAMY,
                             AGED ABOUT 58 YEARS,
                             S/O LATE MARIYAPPA
    
                       3.    SMT. GAYATHRAMMA @ GAYATHRI,
                             AGED ABOUT 61 YEARS,
                             W/O NARAYANASWAMY
    
    Digitally signed
    by SANJEEVINI            SL.NO.1 TO 3 ARE
    J KARISHETTY
                             RESIDING AT NO. 63,
    Location: High
    Court of                 SHARAB MUNISHAMAPPA LAYOUT,
    Karnataka
                             HOSAKOTE, BENGALURU RURAL DISTRICT
                             KARNATAKA - 562 114.
    
                       4.    SRI MANJUNATHA.B.S,
                             AGED ABOUT 47 YEARS,
                             S/O LATE B.T. SRINIVAS
    
                       5.    SMT. MANJULA,
                             AGED ABOUT 47 YEARS,
                             W/O MANJUNATHA.B.S
                                -2-
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                                         CRL.P No. 1605 of 2026
    
    
    HC-KAR
    
    
    
       SL.NO.4 TO 5 ARE
       RESIDING AT NO. 27,
       BULLAHALLI VILLAGE,
       HAROHALLI POST,
       VIJAYAPURA HOBLI,
       DEVANAHALLI TALUK,
       BENGALURU DISTRICT
       KARNATAKA - 562 135.
                                                 ...PETITIONERS
    (BY SRI SADAKATH U.,ADVOCATE)
    
    AND:
    
    THE STATE OF KARNATAKA,
    THROUGH CHANNARAYAPATANA
    POLICE STATION
    BENGALURU DISTRICT - 562 135.
                                                 ...RESPONDENT
    (BY SRI B N JAGADEESHA, ADDL. SPP)
    
    
           THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
    BNSS) PRAYING TO QUASH THE ALL PROCEEDINGS (I.E.,
    COMPLAINT, FIR CHARGE SHEET FURTHER PROCEEDINGS) IN
    C.C.N O.4782/2022 BEFORE ACJ AND JMFC DEVANAHALLI IN
    CRIME    NO.61/2022   CHANNARAYAPATNA     POLICE   STATION
    DEVANAHALLI TALUK, SO FAR AS THE PETITIONERS HEREIN
    ARE CONCERNED FOR THE ALLEGED OFFENCES P/U/S 9, 10
    AND 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT 2026.
    
           THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
    
    ORDER WAS MADE THEREIN AS UNDER:
                                     -3-
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                                             CRL.P No. 1605 of 2026
    
    
    HC-KAR
    
    
    
    CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
    
    
                             ORAL ORDER

    The petitioners/accused Nos. 1 to 5 are before the Court

    calling in question the proceedings in C.C.No.4782 of 2022

    SPONSORED

    pending before the Additional Civil Judge and JMFC, Devanahalli

    arising out of crime in Crime No.61 of 2021 registered for

    offences punishable under Sections 9, 10 and 11 of the

    Prohibition of Child Marriage Act, 2006 (‘the Act’ for short).

    2. Heard Sri U. Sadakath, learned counsel appearing for

    the petitioners and Sri B. N. Jagadeesha, learned Additional

    State Public Prosecutor appearing for the respondent.

    3. Facts in brief, germane, are as follows: –

    The petitioners are accused 1 to 5 and complainant is the

    State. It is a suo motu complaint by the State through the Child

    Development Project Officer, Devanahalli Taluk on 09-08-2021.

    It is the case of the prosecution in the complaint that 1st

    petitioner/accused No.1 had performed the marriage with a

    minor by name Rakshitha, daughter of petitioners 4 and
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    5/accused No.2 and 4. On the said complaint investigation is

    conducted, which revealed that the daughter of petitioners 4

    and 5 was given in marriage to accused No.1, who was of 27

    years old at the said point in time and the girl was 16 years old

    and today the girl is 20 years old. On the said investigation, the

    jurisdictional police filed a charge sheet. The concerned Court

    takes cognizance of the offence and registers Criminal Case

    No.4782 of 2022 against the petitioners. Further proceedings

    are in progress and the matter is at the stage of hearing before

    charge. At this juncture, the petitioners have approached this

    Court, in the subject petition, calling in question the said

    proceedings.

    SUBMISSIONS:

    PETITIONERS:

    4. The learned counsel appearing for the petitioners

    would vehemently contend that the parents of the 1st accused

    and the victim are innocent. They were ignorant of law and its

    consequences. When COVID-19 had engulfed the globe, they

    wanted to get the daughter married fearing that the pandemic
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    would take away the lives. Therefore, notwithstanding the fact

    that the daughter was 16 years old at the time of marriage,

    they got the marriage performed with accused No.1, who was

    27 years old at that point in time. The learned counsel would

    submit that the husband and the wife are living happily, and

    the marriage is registered after the girl turned 18 years and

    there are no overt acts committed by any of the persons. The

    trial undoubtedly will end in acquittal. On these submissions,

    the learned counsel for the petitioners would submit that this

    Court may not permit further trial to be conducted for an

    eventual acquittal. He would seek quashment of proceedings.

    STATE:

    5. Per contra, learned Additional State Public Prosecutor

    Sri B N Jagadeesha would refute the submissions by contending

    that it is an admitted fact that the girl at the time of marriage

    was 16 years of age and the boy was 27 years of age. The girl

    could not have been given in marriage by the parents, when

    she was a minor. Therefore, admitted facts themselves would

    reveal that there is enough material to proceed against the
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    accused. He would submit that since the matter is at the stage

    of hearing before charge, this Court should not interfere in the

    exercise of its jurisdiction under Section 528 of the BNSS.

    6. I have given my anxious consideration to the

    submissions made by the respective learned counsel and have

    perused the material on record.

    CONSIDERATION:

    7. The afore-narrated facts are not in dispute, as they are

    all a matter of record, they are in fact admitted facts. Marriage

    takes place between accused No.1 and the daughter of accused

    Nos.2 and 4 on 30-08-2021, at which point in time the girl was

    16 years old and the boy/accused No.1 was 27 years old. The

    other accused are parents of the victim and other members of

    the family, who sat together and performed the marriage at

    Sri Thabblingeshwara Temple, Bullahalli Village, Devenahalli

    Taluk. Based upon the said incident of marriage, which took

    place on 30-08-2021 a complaint is made to the jurisdictional

    police by the Child Development Project Officer immediately on

    09-08-2021. The complaint reads as follows:
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    -8-

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    The complaint then becomes a crime in Crime No.61 of 2021

    for offences punishable under Sections 9, 10 and 11 of the Act.

    The Police conduct investigation and file a charge sheet. The

    summary of the charge sheet as obtaining in Column No.17

    reads as follows:

    “17. ೇMನ ಸಂTಪ ‘ಾ<ಾಂಶ

    ಾಂಕ 30.08.2021 ರಂದು 4ೆ*6ೆI 05.00 ಗಂ`ೆಯA! ಘನ ಾ1\ಾಲಯದ -ಾ1v6ೆ
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    Further proceedings are in progress. The matter is at the stage

    of hearing before charge.

    8. On these admitted facts, whether further proceedings

    should be permitted to be continued or to be obliterated, on the

    score that the accused were ignorant of law and accused No.1
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    and the victim are living happily? The answer would be, an

    unequivocal and an emphatic ‘no’.

    STATUTORY MANDATE:

    9. The offence that is alleged is the one punishable under

    Sections 9, 10 and 11 of the Act. They read as follows:

    “9. Punishment for male adult marrying a
    child.–Whoever, being a male adult above eighteen
    years of age, contracts a child marriage shall be
    punishable with rigorous imprisonment which may
    extend to two years or with fine which may extend to one
    lakh rupees or with both.

    10. Punishment for solemnising a child
    marriage.–Whoever performs, conducts, directs or
    abets any child marriage shall be punishable with
    rigorous imprisonment which may extend to two years
    and shall be liable to fine which may extend to one lakh
    rupees unless he proves that he had reasons to believe
    that the marriage was not a child marriage.

    11. Punishment for promoting or permitting
    solemnisation of child marriages.–(1) Where a child
    contracts a child marriage, any person having
    charge of the child, whether as parent or guardian
    or any other person or in any other capacity, lawful
    or unlawful, including any member of an
    organisation or association of persons who does
    any act to promote the marriage or permits it to be
    solemnised, or negligently fails to prevent it from
    being solemnised, including attending or
    participating in a child marriage, shall be
    punishable with rigorous imprisonment which may
    extend to two years and shall also be liable to fine which
    may extend up to one lakh rupees:

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    Provided that no woman shall be punishable with
    imprisonment.

    (2) For the purposes of this section, it shall be
    presumed, unless and until the contrary is proved, that
    where a minor child has contracted a marriage, the
    person having charge of such minor child has negligently
    failed to prevent the marriage from being solemnised.”

    9.1. Sections 9, 10 and 11 of the Act form the

    statutory bulwark against the solemnisation and

    perpetuation of child marriage. They are not merely

    penal provisions, they are legislative declarations that

    childhood shall not be prematurely surrendered at the

    altar of matrimony. Section 9 addresses the principal

    protogonist – the adult male. It mandates that any male adult

    above 18 years of age, who contracts a child marriage shall be

    liable to rigorous imprisonment which may extend to 2 years or

    fine. The offence is complete upon the act of contracting

    marriage with a child. The statute does not condition culpability

    upon intention beyond the knowledge of age.

    9.2. The expression ‘child marriage’ is defined under

    Section 2B, as a marriage to which either of the contracting

    parties is a child. A ‘minor’ under Section 2F is a person who

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    has not attained majority within the meaning of the majority

    Act. In the case at hand, it stands admitted that the girl

    was 16 years of age at the time of marriage. The

    statutory definition leaves no room for interpretative

    elasticity. The marriage, therefore, answers squarely to

    the description of child marriage.

    9.3. Section 10 widens the net of culpability. It

    does not confine responsibility to the contracting adult,

    but upon whoever performs, conducts, directs or abets a

    child marriage becomes equally liable. The priest who

    solemnises the ceremony, the relative who arranges it,

    the organizer who facilitates it, all stand within the

    sweep of this provision. The punishment prescribed is again

    a rigorous imprisonment, which may extend up to 2 years. The

    only statutory escape is a demonstrable and reasonable belief

    that the marriage was not a child marriage, a defence which

    will have to be established by evidence and not presumed by

    sympathy, as projected in the case at hand.

    9.4. Section 11 is the statute’s vigilant sentinel. It

    penalises those who promote, permit or negligently fail

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    to prevent the solemnisation of child marriage. The reach

    of this provision is intentionally expansive. It

    encompasses parents, guardians, persons having lawful

    or even unlawful charge of the child, and members of

    organizations or associations. The provision recognises that

    child marriage is seldom the act of a single individual, it is often

    enabled by collective participation.

    9.5. Sub-section 2 of Section 11 introduces a significant

    legal presumption, where a minor child has contracted a

    marriage, it shall be presumed unless to the contrary proved,

    that the person having charge of the child, has negligently

    failed to prevent the marriage. This reverse burden reflects the

    legislative intent to shield children from exploitation. Section

    11, thus operates as a ‘catch-all’ safeguard.

    9.6. Collectively read, these provisions manifest clear

    legislative intent. Child marriage is not a private family

    engagement beyond scrutiny, but a social wrong,

    demanding accountability at every level of participation.

    The statute, therefore, stands not merely as a punitive

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    measure, but as a declaration that rights of the child would

    always outweigh the convenience of the custom.

    10. Sections 9, 10 and 11 of the Act has borne

    consideration by a three Judge Bench of the Apex Court, in

    SOCIETY FOR ENLIGHTENMENT AND VOLUNTARY

    ACTION v. UNION OF INDIA1, considers the purport of the

    afore-quoted provisions of the Act in the following paragraphs:

    “…. …. ….

    57. Section 10 of PCMA stipulates that a
    person who performs, conducts, directs or abets
    any child marriage shall be punished with rigorous
    imprisonment which may extend to two years and
    shall be liable to a fine which may extend to one
    lakh rupees. The provision, unlike Section 9, does not
    allow the court to choose the option of imposing a fine or
    sentencing a term of imprisonment or both. A court
    adjudicating under Section 10 is mandated to impose a
    sentence of imprisonment as well as impose a fine.

    58. The provision is expansive and would
    govern any accomplice to the commission of child
    marriage. This would include the priest who
    performs the marriage, any family member, relative
    or person at whose direction the marriage takes
    place or anyone who abets it. The provision
    stipulates a defence available to any accused under
    Section 10 which is that a person must demonstrate
    that he had reasonable belief that the marriage was
    not a child marriage. The inbuilt defence stipulated
    in the provision is to safeguard any person who

    1
    2024 SCC OnLine 2922

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    may unwittingly become a part of the commission
    of the offence of child marriage.

    59. Section 11 of the PCMA is a catchall provision
    against the promotion or permitting of child marriage by
    those in charge of a minor party to the marriage. The
    provision reads as follows:

    “11. Punishment for promoting or
    permitting solemnisation of child
    marriages.–

    (1) Where a child contracts a child
    marriage, any person having charge of the child,
    whether as parent or guardian or any other
    person or in any other capacity, lawful or
    unlawful, including any member of an
    organisation or association of persons who does
    any act to promote the marriage or permits it to
    be solemnised, or negligently fails to prevent it
    from being solemnised, including attending or
    participating in a child marriage, shall be
    punishable with rigorous imprisonment which
    may extend to two years and shall also be liable
    to fine which may extend up to one lakh rupees :

    Provided that no woman shall be punishable with
    imprisonment.

    (2) For the purposes of this section, it
    shall be presumed, unless and until the contrary
    is proved, that where a minor child has
    contracted a marriage, the person having charge
    of such minor child has negligently failed to
    prevent the marriage from being solemnised.”

    60. Section 11 stipulates that any person
    having charge of the child – who promotes or
    permits a child marriage or fails to prevent it – is
    liable to rigorous imprisonment which may extend
    to two years and a fine which may extend to one
    lakh rupees. Similar to the provision under Section 10 of
    the PCMA, Section 11 also prescribes a mandate to the
    sentencing court to impose a sentence of imprisonment
    as well as a fine. The provision uses the word ‘and’
    between the two punishments and the judge does not
    have the liberty to pick a certain punishment to the
    exclusion of the other. The person liable under Section

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    11 may be the parents of the child or a guardian or
    any other person or organisation. Further, the
    means by which a person may have the charge of
    the child is immaterial as the provision stipulates
    that the charge may be ‘lawful or unlawful’. The
    section seeks to penalise any person or
    organisation involved in a child marriage. Its
    expansive scope allows for the prosecution of any
    person who may have unlawfully taken the custody
    of a child and thereafter promoted, permitted or
    failed to prevent the child marriage. Section 11 also
    deals with organisations, such as orphanages or
    schools or hostels, which may have the charge of a
    child and under whose watch the child is married
    off.

    61. The intention of the provision is to place
    an obligation on any person who has the charge of
    a child to ensure that the offence of child marriage
    is not committed. The provision not only penalises
    the active participation of the person having charge
    of a child but also penalises the omission on the
    part of such a person to prevent child marriage. The
    provision recognises that children lack the ability to
    form intelligent consent and may not necessarily
    know the full ambit of the activity which they are
    about to commit. Further, children may lack the
    ability and grit to defend themselves and refuse to
    participate in the marriage against the pleasure of
    their custodians or parents.

    62. Clause (2) of Section 11 raises a
    presumption. It stipulates that any person, who is
    in charge of a child who was married off, is
    presumed to have negligently failed to prevent the
    child marriage. The presumption is a rebuttable one
    and may be defended if the person proves that he
    could not have prevented the marriage or failed at
    preventing it, having tried to do so to the best of
    their ability. This principle is only applicable to an
    offence under Section 11.”

    (Emphasis supplied)

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    The Apex Court holds that any person, be it produced in a

    temple who perform the marriage or Authorities of the temple

    to permit marriage or any place where the marriage takes place

    and the place belongs to someone, they would aid and fall

    within the ingredients of Section 11. The Apex Court has clearly

    held that any person involved in the said marriage, who does

    not stop the conduct of such marriage, will become open to

    prosecution.

    11. Further, it becomes apposite to refer to the judgment

    of the High Court of Kerala, in identical circumstances, where

    the appellants pleaded ignorance of law and also pleaded that

    marriage was performed in those facts and circumstances. The

    Kerala High Court in MOIDUTTY MUSLIYAR v. SUB-

    INSPECTOR VADAKKENCHERRY POLICE STATION2, has

    held as follows:

    “…. …. ….

    30. The prohibition of child marriage is important
    in the modern society. Child marriage denies children
    their basic human rights, including the right to education,
    health and protection from exploitation. Early marriage
    and pregnancy can lead to health problems such as infant

    2
    2024 SCC OnLine Ker 4188

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    mortality, maternal mortality and sexually transmitted
    infections. Child marriage often forces girls to drop out
    the school, limiting their education and future
    opportunities. Child brides are more vulnerable to
    domestic violence and abuse. Child marriage can
    perpetuate poverty and limit economic opportunities for
    individuals and communities. Child marriage can lead to
    emotional and psychological trauma, including depression
    and anxiety to the children. Child marriage can lead to
    social isolation and disconnection from the family and
    community. Moreover, child marriage is a violation of
    international human rights law and conventions as well.
    Let the children study according to their wishes. Let them
    travel, let them enjoy life and when they attained
    maturity, let them decide about their marriage. In the
    modern society, there cannot be any compulsion for
    marriage. Majority of the girls are interested in studies.
    Let them study and let them enjoy their life, of course
    with the blessings of their parents. When they attain
    majority and decided that a partner is necessary in their
    life, let it happen at the appropriate stage so that child
    marriage can be eradicated from the society. As I
    mentioned earlier, it is the duty of every citizen to see
    that there is no child marriage. It is also the duty of the
    nongovernmental organizations to inform the Child
    Marriage Prohibition Officer, if any information is received
    about the likelihood of taking place of solemnization of
    child marriage. The Judicial First-Class Magistrate of the
    State also should be alert and should
    take suomotu cognizance, if any reliable report or
    information is received about child marriage. Let the print
    and visual media also take initiative to see that there is
    no child marriage in the State in future at least. I am sure
    that, all of them will do their job to see that our girls are
    protected from child marriage.”

    The High Court of Kerala holds that child marriage denies the

    child its absolute rights including the right to education, health

    and protection from exploitation. Several other problems that

    the young girl would face is also taken note of. The Court

    – 18 –

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    refuses to quash the proceedings even on the submission of the

    religion permitting such marriage. I am in respectful

    agreement with what the High Court of Kerala has held.

    12. In the case at hand, accused No.1 was not a child. He

    was 27 years old adult and was working at that point in time.

    All the male members of the family who participated in the

    marriage were all working. Ignorance of law is no excuse.

    Therefore, the petitioners must face trial for the offences under

    the provisions of the Act. The defence cannot be considered by

    this Court under Section 528 of the BNSS.

    13. This Court is increasingly confronted with the growing

    stream of litigation arising either under the provisions of the

    Protection of Children from Sexual Offences Act, 2012 (‘POCSO’

    Act for short) or under the Prohibition of Child Marriage Act,

    2006. A disturbing pattern emerges from these cases. Parents

    of both the boy and the girl, acting in concert and often under

    the mistaken cloak of social propriety, solemnize marriages of

    girls before they attain the age of 18 years. What is presented

    as a familial consent, is in truth a surrender of childhood.

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    14. As poignantly observed by the Apex Court, child

    marriage is not a benign cultural practice, but a denial of

    basic human rights. It curtails education, imperils health

    and exposes child to exploitation – emotional, social and

    economic. The formative years for learning, self

    discovery and intellectual blossoming are permanently

    burdened with adult responsibilities.

    15. A girl married before 18 does not merely enter

    matrimony, she exits opportunity. The promise of

    education fades into abstraction. The dream of academic

    or professional advancement remains precisely that, a

    dream. The submission that the couple is presently living in

    harmony, does not efface the illegality committed at the time of

    solemnisation. Criminal liability is measured at the

    moment of commission, not neutralised by the

    subsequent domestic peace. To accept otherwise would

    be to convert penal law into a matter of retrospective

    validation through sentiment. Parents who ought to

    bless their daughters with encouragement, education

    and empowerment, instead bless them with premature

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    matrimony. If such conduct were to receive judicial

    indulgence, the eradication of child marriage would

    remain an illusive aspiration. This Court, therefore,

    cannot and will not extend its protective arm, to those

    who indulge in marriage of a child.

    16. The pernicious practice of child marriage must

    be decisively uprooted. It must also be observed that

    responsibility does not rest solely on contracting parties.

    Where a marriage is solemnized in a temple, the

    management of a temple and the officiating priest who

    performs the ceremony may fall within the sweep of

    liability under the Act. Where the marriage is conducted

    in a marriage hall, or other venue, its management and

    facilitators cannot claim insulation. The statutory design,

    particularly under Section 11, contemplates

    accountability for those who promote, permit or fail to

    prevent such solemnisation. The burden of proving

    whether a child had attained majority lies in appropriate

    cases at the stage of trial, especially, in view of the

    presumption under Section 11(2) of the Act. The reverse

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    burden underscores the seriousness with which

    Parliament views the protection of minors. The message,

    therefore, must ring clear and unequivocal, child

    marriage must be eradicated in its entirety.

    17. Wherefore, the Child Development Project officers

    shall ensure that awareness of criminal liability is displayed at

    every venue, where marriages are ordinarily performed.

    Temple Authorities, marriage halls, and similar establishments

    shall display notices stating that marriage of a person below

    the 18 years of age is prohibited, by law and attracts criminal

    consequences. The print and electronic media, as vital

    instruments of public consciousness, must also play their role in

    sensitizing society. Eradication of child marriage is not merely a

    statutory goal, it is a Constitutional imperative. The law

    protects childhood, so that it may blossom into informed

    adulthood. This Court will not permit this protection to

    be diminished.

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    18. For the aforesaid reasons, finding no merit in the

    petition, the petition stands rejected.

    Consequently, pending I.A.No.1 of 2026 also stands

    disposed.

    SD/-

    (M.NAGAPRASANNA)
    JUDGE

    bkp
    List No.: 2 Sl No.: 57



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