The orders passed by the Orissa High Court in 2013 imposing a fine of Rs 2 lakh on AMOFOI for having organised a minor girl’s marriage was finally set aside by the Supreme Court on October 11.
The HC orders were passed on 28.10.2013 and 28.11.2013. The imposed fine of Rs 2 lakh was to be deposited within six days. AMOFOI secretary B Racmchandra CST Voltare had moved the SC for a stay on the orders of the HC through a SLP on December 6, 2013. The case was heard on December 10, 2013 in the SC by Justice J Chelameswar and Justice Rajana Prakash Desai. The Judges stayed the operation of the orders. Finally, on 11.10.2022 the case was disposed of in the SC by a Bench comprising Justice AS Bopanna and Justice Pamidighntam Sri Narasimha.
“It is a matter of deep anguish that without applying the judicial mind and listening to the arguments of the AMOFOI secretary, the Orissa High Court had passed the two orders and awarded a fine of Rs 2 lakh for holding a marriage of a “minor” and keeping a threat of contempt proceedings with a view to silence the AMOFOI and bringing ignominy to the organisaation that has been holding “Jati-Jatak-Joutuka sunya” love marriage to make India 100% casteless and dowry free,” said AMOFOI secretary B Racmchandra CST Voltare.
In the Supreme Court, Mandakini Jena was proved as a major for her marriage on March 26, 2013 on the basis of her date of birth (21.01.1994) mentioned in the Birth Certificate that was issued by the Registrar of Births and Deaths-cum-Medical Officer (I/C) Beltikiri Community Health Centre, Dhenkanal and submitted to the AMOFOI on 25.02.2014, said Voltaire.
Amulya Kumar Jena, Mandakini’s father did a mischief by submitting his daughter’s High School Certificate that did not contain the real date of birth. Mandakini’s age of 19 years 2 months 5 days was reduced by 1 year 4 months and 11 days, he said.
The HC should have ordered the procurement of the Birth Certificate of Mandakini in order to know clearly whether she was a minor or a major. But sadly, the Judges relied on the School Certificate, added Voltaire.