You may first try to convince your maid servant and her family against such child marriage. If they do not listen to you, and if need be, you can file a complaint before the court of the Judicial Magistrate of First Class or the Metropolitan Magistrate (as the case may be) under Section 13 of the Prohibition of Child Marriage Act, 2006. Under this Section 13, on an application of the Child Marriage Prohibition Officer or on receipt of information through a complaint or otherwise from any person, if a Judicial Magistrate of the first class or a Metropolitan Magistrate is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnised, such Magistrate shall issue an injunction against any person including a member of an organisation or an association of persons prohibiting such marriage. A complaint under this Section may be made by any person having personal knowledge or reason to believe, and a non-governmental organisation having reasonable information, relating to the likelihood of taking place of solemnisation of a child marriage or child marriages.
It may be noted that any child marriage solemnised in contravention of an injunction order issued under Section 13, whether interim or final, shall be void ab initio.
Further, Whoever knowing that an injunction has been issued under Section 13 against him disobeys such injunction shall be punishable with imprisonment up to two years or with fine which may extend to one lakh rupees or with both (however, no woman shall be punishable with imprisonment).
It is also noteworthy that under Section 11 of this Act, 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 (however, no woman shall be punishable with imprisonment).
And, under Section 10 of the Act, 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.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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