Title: Hardev Singh v/s Harpreet Kaur & Ors


Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Child Marriage. In today’s blog post, we aim to shed light on the prevailing issues surrounding Child Marriage, the legal framework in place for their protection, and the steps we can take as a society to combat these acts.

The case of Hardev Singh v/s Harpreet Kaur & Ors delves into the intricacies of child marriages, parental consent issues, and the interpretation of the Prohibition of Child Marriage Act, 2006. The Supreme Court’s judgment in this matter not only clarifies legal uncertainties but also addresses the broader societal context surrounding child marriages.


Hardev Singh and Harpreet Kaur married without parental consent, prompting police protection due to parental objections. The High Court initially granted protection but later, upon the father’s application, ordered the registration of an FIR under Section 9 of the Prohibition of Child Marriage Act, 2006. The grounds for this were discrepancies in the appellant’s stated age.


  1. Validity of Criminal Appeal:
  • Whether the High Court’s order initiating criminal proceedings against Hardev Singh under Section 9 is valid?
  • High Court’s Power to Recall/Review:
  • Whether the High Court have the authority to recall/review its order in criminal matters?


The Supreme Court rendered the following key decisions:

  1. Error in Age Determination:
  • The High Court erred as per school records; the appellant was 17, below the Act’s defined age of 18. Therefore, Section 9 couldn’t be applied.
  • Gender-Neutral Interpretation:
  • The literal interpretation of Section 9, penalizing male adults, was deemed against the Act’s objective – the protection of minor female children. The Court emphasized interpreting the section in the context of gender discrimination and violence against females.
  • The intent of the Prohibition of Child Marriage Act:
  • The Act aims to protect child brides, as evident in its legislative history. Punishing male adults contracting child marriage serves the broader purpose of safeguarding minor female children.
  • Review Power of High Court:
  • The Supreme Court clarified that there is no provision for reviewing or recalling orders in criminal matters under Section 482 of the Criminal Procedure Code, 1973.

The judgment brings clarity to the legal landscape concerning child marriages, emphasizing the Act’s underlying intent rather than a strict literal interpretation. However, certain challenges and discrepancies persist.

  • Age Discrepancy: The variance between the Indian Majority Act (considering males adults at 21) and the Prohibition of Child Marriage Act (punishing males above 18) reveals inconsistencies in dealing with adulthood.
  • Voluntary Annulment: The Act provides for voluntary annulment rather than mandatory annulment, leaving room for individual discretion.
  • Gender Disparities: Section 9 only penalizes adult males, lacking provisions for adult females involved in child marriages. While the Act’s historical context is acknowledged, modern societal norms necessitate revisiting such gender-specific measures.
  • Legal Ambiguities: The judgment resolves certain ambiguities but highlights the need for a more comprehensive approach to child marriage laws, considering evolving societal norms.


In conclusion, while the Supreme Court’s ruling clarifies aspects of the Prohibition of Child Marriage Act, 2006, the complexities and evolving societal norms demand a more nuanced and inclusive legal framework. Balancing the protection of minor children with the recognition of individual rights is crucial in fostering a legal system that aligns with contemporary values.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We provide litigation support services for matters related to the Prohibition Of Child Marriage Act 2006.

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.