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obtain a decree of nullity of your marriage within 2 years of attaining the age of 18 years. Further, penal provisions may get attracted under Hindu Marriage Act, 1955 for simple imprisonment not exceeding 15 days. Under Prohibition of Child Marriage Act, 2006, rigorous imprisonment of not exceeding 2 years may get attracted alongwith Rupees 1 lakh fine. Such penal provisions will be applicable to your husband irrespective of the fact of whether he is below or above 21 years, parties solemnizing the marriage and parent/guardian who intentionally agreed to the same.
Que: Will it weaken a rape survivor’s case who refuses to undergo the Two finger test during the trial?
Ans: In Lillu @ Rajesh & Anr vs State of Haryana, Supreme Court has held that being virgin or not is immaterial to the factum of consent of rape survivor; two finger test and its interpretation undoubtedly violate the right of privacy, physical and mental integrity and dignity of the rape survivor. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent therefore, on the ground of irrelevant inference/corroboration, the said test may be refused by the rape survivor.
LEGAL PICKLE
Disclaimer: Above expressed are the personal views of the author, and the publisher or the author disclaim all, and any liability and responsibility, to any person on any action taken on reliance of it. Readers are adviced not to consider the article as legal councel. The article is only meant to exchange knowledge and share views in a meaningful manner.
Amrita is a law graduate from NUJS (2013 batch). Soon after passing out, she was offered by Ministry of Law and Justice to serve as Research Assistant to a Supreme Court Judge, India. At present she is practising before the Hon'ble High Court, Bombay. Since law school she has been interested in human rights and has also been the Convenor of her University’s Legal Aid Society. She has worked with NGOs as well as in corporate law firms. Her hobbies include cooking, reading books and travelling. She likes being around people till they don't disturb her sleeping.