Steno Legal Dictation No. 424

Learned counsel of the appellant has placed reliance on a judgment passed by the Honble Apex Court in case of Independent Thought V/s Union of India and another, (2017) 10 Supreme Court Cases 800 in which in para 128 the Honble Apex Court held that after PCMA, 2006 was enacted, both the Hindu Marriage Act, 1955 and the Dissolution of Muslim Marriages Act, 1939 also should have been suitably amended, but this has not been done. He has also placed reliance on a judgment passed by the Full Bench of Madras High Court in case of T. Sivakumar V/s The Inspector of Police, and others, 2011 (5) CTC 689 in which it has been held that the marriage contracted with a female less than 18 years and more than 15 years is not a void marriage, but it is only a voidable marriage and it cannot be called as a valid marriage. Shri Bhargava further submits that the appellant and respondent have been living separately since 2010 i.e. 14 years and there is no possibility of their reunion, therefore, the decree of divorce may be passed.