Delhi HC says marriage between minors ‘valid’
In an unusual judgement, the Delhi high court on Wednesday, in a specific case, said that the marriage between two minors is “valid” and it can be annulled only on the plea by one of the partners. After hearing a petition filed by 18-year-old minor boy (according to Hindu Marriage Act), Jitendra Kumar Sharma, who tied knot with a 16-year-
old minor girl, Poonam Sharma, against the wishes of their family members after fleeing from home, a division bench comprising Justice Baddar Durrez Ahmed and Justice V.K. Jain, passed the order and said, “Even under the Prohibition of Child Marriage Act, the marriage involving minors has not been declared as invalid and the act just says that the marriage can be annuled on this ground if plea is made by the minor partner.”
The court also said it is clear that where, earlier, child marriage may not have been voidable under personal law, as in the case of the HMA, by virtue of the Section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for annulment of the marriage. 18-year Jitendra, a resident of Ghaziabad, has approached the Delhi high court after a criminal case was registered against him on the complaint of Poonam’s family members, who alleged that the boy had abducted her.
The HC had earlier directed the couple to be present in the court and they submitted that they were in love and got married without being forced by anyone.
The court, after recording their statement, said their marriage is valid and the minor boy is the lawful guardian of the girl.
The court said the family members of Poonam cannot prevent her from living with her husband.
The court also directed the SSP, Ghaziabad, to provide protection to the couple.
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