JUDGMENT : Per Hon'ble Ajay Rastogi, J. Since the claim of the appellant wife that she had repudiated her marriage solemnized before the attainment of 15 years of age, after attaining that age but before attaining the age of 18 years but it was negatived by the Ld. Family Court No.2, Jaipur vide its judgment & decree dt.27.3.2015 in case no.393/2012, she has come in appeal. Some of the indisputed facts which have been found by the Ld. Family Court are that the appellant wife was born on 10.7.1989. The appellant was 10-11 years of age when her marriage took place on 15.6.2001 i.e. before she attained the age of 15 years with the respondent who was major, illeterate and almost 10 years elder to her and as pleaded in the petition for divorce before the Ld. Family Court, she had repudiated her marriage on 27.8.2006 on the day of Ganesh Chaturthi when the respondent's father and elder brother of respondent came to take her, at that time she was 17 years of age. Petition for dissolution of marriage u/S.13(2)(iv) of the Hindu Marriage Act, 1955 came to be filed at the instance of the wife on 25.6.2012 and the only clog to her claim was whether she had caused repudiation of the marriage before attaining the age of 18 years. The wife completed her eighteenth year on 10.7.2007 and burden of proof was on her to prove that she had repudiated the marriage before that date. She filed the petition for the purpose of dissolution of marriage i.e. indisputably after crossing the age of 18 years and the act of repudiation, if any, was thus a matter of pleading and proof. As averred in the petition, she was minor and 11 years 11 months of age at the time of her marriage which is alleged to be solemnized on 15.6.2001 and the respondent at that time almost had attained the age of majority and was 10 years elder to her and at the time of marriage of her elder sister with the elder brother of respondent and since her father was no more, the family members pursued to solemnize marriage of the present appellant with the respondent (brother in law of her elder sister) simultaneously and thus both the sisters got married to two reals brothers. The wife stated in paragraph 7 of the petition that she repudiated the marriage on 27.8.2006 on the day of Ganesh Chaturthi when the respondent's father and his elder brother came to take her and she was at that time 17 years of age. In reply to the petition filed by the respondent, factum of respondent's father along with his elder brother coming on 27.8.2006 was not disputed and repudiation of marriage by wife has not been specifically denied by the respondent. Apart from it, in para 9 it was further stated that she repudiated the marriage in 2007 and lastly in para 12 of the petition for divorce it was averred that first time respondent Kailash himself came to her home along with his elder brother Sardar and threatened her mother to take her by force and complaint was registered at her instance on 17.6.2011 and the matter was investigated and after recording the statement of appellant herself and mother Prabhati Devi the I.O. took cognizance u/S.107, 116(3) Cr. P.C. whereupon the respondent and his elder brother furnished bail bonds. Lodging of complaint at the instance of appellant wife was admitted in the written statement in para 12 and further respondent DW1 admits in his statement about lodging of police report and in the written statement filed by the respondent there is no where specific denial of repudiation of marriage by the wife but averred that appellant's family members assured him to send the appellant after completion of her studies but so far repudiation of marriage by the appellant wife as averred in the original petition was no where specifically denied in the written statement of the respondent. In the petition for divorce the factum of repudiation was made on 27.8.2006 i.e. after attaining age of 15 years and before completion of 18 years on 10.7.2007 and even after attaining age of 18 years, repudiation of marriage by the petitioner was averred in para 9, 10 & 12 and she filed petition for dissolution of marriage u/S.13(2)(iv) of Hindu Marriage Act, 1955 on 16.6.2012 when she was 22 years of age. In support, wife got the statement of herself recorded as AW1 and the respondent in support of his claim got the statements of himself recorded as DW1, DW 2 Pappu Ram & DW 3 Sanwar Mal (brothers of appellant wife). Ld. In support, wife got the statement of herself recorded as AW1 and the respondent in support of his claim got the statements of himself recorded as DW1, DW 2 Pappu Ram & DW 3 Sanwar Mal (brothers of appellant wife). Ld. Family Court ignoring the allegation made by the appellant wife in para 7 of her petition regarding repudiation of her marriage after attaining age of 15 years but before attaining age of 18 years and so also the fact that she was 11-12 years of age at the time of marriage and was not able to understand her welfare and has not taken note of her examination in chief where it was specifically stated that she was married on 15.6.2001 when she was 10-11 years and she never visited her in laws/matrimonial home and the marriage was not consummated, so also the fact recorded in examination in chief that her father and brother in law came at her residence where she has refused and repudiated the marriage but took note of the fact which she has stated in the cross examination that for the first time in the year 2011 she came to know that the respondent was her husband and further stated in cross examination that when respondent along with his family members came to take her, she refused to go to her matrimonial home and the respondent sent a legal notice for restitution of conjugal rights while she filed petition for divorce and the ld. Family Court observed that the facts narrated in the petition for divorce and so also in examination in chief could not have been relied upon since there was no repudiation of marriage before attainment of majority which is requirement of the provisions of Sec.13(2)(iv) of the Hindu Marriage Act, 1955. In such fact situation the question arose as to whether the Ld. Family Court was justified in still holding that there was no proper pleadings on record regarding repudiation of marriage before attaining age of 18 years which is requirement for dissolution of marriage invoking Sec.13(2)(iv) of the Hindu Marriage Act, 1955. In such fact situation the question arose as to whether the Ld. Family Court was justified in still holding that there was no proper pleadings on record regarding repudiation of marriage before attaining age of 18 years which is requirement for dissolution of marriage invoking Sec.13(2)(iv) of the Hindu Marriage Act, 1955. Indisputably, in her examination in chief it was specifically stated that she was 10-11 years of age on 15.6.2001 and she never visited her matrimonial home and their marriage was never consummated and respondent's father along with her brother in law came to her house when she was 17 years of age and she specifically denied and repudiated her marriage and thereafter when she was almost 18 years of age she again repudiated her marriage and thereafter again the respondent along with her brother in law visited her house in 2011 to take her to her matrimonial home but she refused and on the specific question asked in cross examination it was replied that she for the first time known the respondent as her husband in 2011 and what is being specifically stated in para 7 of the petition and further reiterated in para 9, 10 & 12 cannot be brushed aside. At the same time, the statement recorded in examination in chief has to be read along with cross examination in totality and not in isolation and what is being stated in the petition for divorce and so also in examination in chief appears to be trustworthy and has not been disputed even by the respondent husband who was almost 10 years elder to her, illiterate and the fact is that the appellant is graduate and is presently serving as Constable in the Police Department of the Govt. of Rajasthan since 10.6.2012 and there is no sexual relationship between them and the marriage was never consummated and from the pleadings on record this fact stands established that she had repudiated marriage after completion of fifteen years of age but before attaining 18 years of age. of Rajasthan since 10.6.2012 and there is no sexual relationship between them and the marriage was never consummated and from the pleadings on record this fact stands established that she had repudiated marriage after completion of fifteen years of age but before attaining 18 years of age. Apart from this, it can be noticed that u/S.13(2)(iv) of the Hindu Marriage Act, 1955 if marriage has been solemnized before attaining the age of 15 years and she has repudiated the marriage after attaining the age of 15 years but after attaining the age of 18 years such marriage could be dissolved by the decree of divorce but at the same time Prohibition of Child Marriage Act, 2006 (PCM Act) provide for the prohibition of solemnization of child marriages and for matters connected therewith or incidental thereto. It could not be disputed that the aforesaid marriage is in violation of provisions of the PCM Act and inasmuch the appellant Savitri was minor and below the age of 18 years. In the circumstances in which Savitri was married to Kailash Jat as narrated above presumably under the unforeseen circumstances or otherwise when her father was no more and her elder sister was married to the elder brother of her husband and she was married to respondent Kailash Jat by her family members when she was minor and almost 10-11 years at the time of their marriage which was solemnized on 15.6.2001. The purpose and rationale behind the Prohibition of Child Marriage Act, 2006 is that there should not be a marriage of a child at a tender age as he/she is neither psychologically nor physically fit to get married. There could be various psychological and other implications of such marriage, particularly if the child happens to be a girl. In actuality, child marriage is a violation of human rights, compromising the development of girls and often resulting in early pregnancy and social isolation, with little education and poor vocational training reinforcing the gendered nature of poverty. The child marriage is such a social evil and menace in the society which has the potentialities of dangers to the life and health of a female child and plays havoc in their lives, who cannot withstand the stress and strains of married life and it leads to early deaths of such minor mothers. It also reflects the chauvinistic attribute of the Indian society. It also reflects the chauvinistic attribute of the Indian society. This menace is depicted in the following lines from a song sung during marriages in Rajasthan- “Chhoti Si Umariya Main Parnaya O Babosa, Kain Main Tharoo Kario Kusoor” which means Oh father why had you given me off in the marriage at such a tender age, for what sin did I commit. These lines itself symbolize the mixed pain of leaving the father's house and at the same time the anguish as to why was she being married off at such a tender age. Such situation is unprecedented and the inner pain unimaginable. The word “Child Marriage” is itself contradictory in itself as one would wonder how marriage and child could go together. Such a menace of child marriage is to be totally curbed in modern days particularly when the children need proper care and attention and education for their better future rather than get married at the tender age. When we look into the matter, keeping in view the aforesaid consequences of the child marriage, which is even treated as violation of human rights, including right to lead a life of freedom and dignity, the very first thing which comes in mind is that the menace of child marriage needs to be curbed. Even the legislative thinking is in the same direction. However, the legislature has still not made adequate and effective provisions in the laws to make such a marriage as void. The insertion of option of dissolution of marriage by a female under Sec.13(2)(iv) of the Hindu Marriage Act through an amendment in 1976 indicates the silent acceptance of child marriages. The option of puberty provides a special ground for divorce for a girl who gets married before attaining fifteen years of age and who repudiates the marriage between 15-18 years. Legislative endorsement and acceptance which confers validity to minor's marriage in other statutes definitely destroys the very purpose and object of the Act 2006 to restrain and to prevent the solemnization of child marriage. These provisions containing legal validity provide an assurance to the parents and guardians that the legal rights of the married minors are secured. The acceptance and acknowledgment of such legal rights itself and providing a validity of Child Marriage defeats the legislative intention to curb the social evil of Child Marriage. These provisions containing legal validity provide an assurance to the parents and guardians that the legal rights of the married minors are secured. The acceptance and acknowledgment of such legal rights itself and providing a validity of Child Marriage defeats the legislative intention to curb the social evil of Child Marriage. Even after passing of the new Act i.e. Prohibition of Child Marriage Act, 2006, certain loopholes still remain, the legislations are weak as they do not actually prohibit child marriage. It can be said that though the practice of child marriage has been discouraged by the legislations but it has not been completely banned. However, we leave it open for the legislature to examine as to what will be the fate of such marriage of minor which has been prohibited under the PCM Act having penal consequence, as well, whether it is still made to be voidable and to curb the ongoing menace of the society to solemnize child marriage despite PCM Act came into force but after we have discussed the matter at length as there was specific pleadings on record regarding repudiation of marriage being stated by the wife in para 7 of the petition in particular and also in examination in chief and there was no specific denial. The factum of repudiation of marriage after completion of 15 years and before completion of 18 years on 10.7.2007 was established by the appellant wife from the pleadings on record and the finding recorded by the ld. Family Court regarding repudiation of marriage in our considered view has been completely misconstrued and factum of repudiation of marriage is a question of fact and no specific method of repudiation is prescribed in law, therefore, it depends on facts of each case. Family Court regarding repudiation of marriage in our considered view has been completely misconstrued and factum of repudiation of marriage is a question of fact and no specific method of repudiation is prescribed in law, therefore, it depends on facts of each case. In the present case, repudiation of marriage by the appellant wife has been well established from the pleadings on record and in our considered view she was entitled for grant of dissolution of marriage u/S.13(2)(iv) of the Hindu Marriage Act, 1955 which provides that her marriage was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years, in our considered view, has been completely established from the material which have come on record and the marriage in the instant case has been repudiated before completion of 18 years on 10.7.2007 and this marriage was never accepted by her and was never consummated and in our considered view the appellant deserves indulgence for grant of dissolution of marriage u/S.13(2)(iv) of the Hindu Marriage Act, 1955. Consequently, the appeal succeeds and allowed. The judgment & decree dt.27.3.2015 is quashed and set aside. The appellant wife is granted decree of divorce on dissolution of marriage solemnized on 15.6.2001 u/S.13(2)(Iv) of the Hindu Marriage Act, 1955. No cost.