HC issues notice to Delhi govt, others on plea challenging child marriage

The Delhi High Court on Monday issued notice to Delhi Government and others on a petition filed by a woman, who was married at the age of 16, challenging her marriage and seeking to declare child marriages performed in the state of Delhi as void-ab-initio.

A division bench of Chief Justice DN Patel and Justice Jyoti Singh asked Delhi Government, Delhi Commission of Women, petitioner's husband and father on the petition and listed the matter for further hearing on February 12.

Woman's lawyer Tanveer Ahmed Mir urged the court to declare petitioner's child marriage as null and void-ab-initio.

The petition has sought to declare Section 3 (1) of the Prohibition of Child Marriage Act, 2006 in so far as it provides that a child marriage shall be voidable as ultra vires of Article 21 of the Constitution of India.

The plea filed by a woman through GS Law Attorney and advocate Mohit D Ram sought an appropriate direction to the Delhi Government to declare the Child marriages as performed in the State of NCT of Delhi as void-ab-initio.

She has also sought to make necessary arrangements in order to provide complete protection to the petitioner from her husband, father and brother.

The woman told the court that she is a bright student, has completed her graduation and is pursuing further studies. In 2010, when she was aged about 16 years, she was compelled to marry a boy but she never lived together with her husband as a married couple and the marriage was never consummated.

Petitioner sought a declaration that her marriage was void ab inito and being in contravention of the Prohibition of Child Marriage Act, 2006 with an ancillary prayer that provisions of Sec 3 (1) of the Prohibition of Child Marriage Act, 2006 in so far as it provides that a child marriage shall be voidable are to read down to make all child marriages void ab intio.

As per law, the term void-ab-initio means to be treated as invalid from the outset.

( With inputs from ANI )