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Delhi HC issues notice on plea seeking child marriages to be declared invalid from the beginning

Team SoOLEGAL 12 Jan 2021 4:23pm

Delhi HC issues notice on plea seeking child marriages to be declared invalid from the beginning

A petition was filed in the Delhi High Court stating that child marriage should be declared as void ab initio under Section 3(1) of the Prohibition of Child Marriage Act, 2006 which says that child marriage is voidable. Basing on this particular petition, the Delhi HC has issued a notice to the Delhi Government and Delhi Commission for Women stating that Section 3 (1) of the Prohibition of Child Marriage Act, 2006 as ultra vires of Article 21 of the Constitution of India.

The petition also says that Section 3(1) of the Prohibition of Child Marriage Act,2006  violates the fundamental rights of minor girls who have their fundamental rights to live with dignity. Under any circumstances, if a marriage takes place with consent of the child before the child turns 18 years of age, it shall not be considered as valid.

The petitioner mentioned that she needs protection for herself to which the court directed to file a separate application. She wanted the court to declare her marriage to be void which was forced by her parents without her consent when she was of 16 years of age.

The bench comprising of Chief Justice D.N. Patel and Justice Jyoti Singh accepted the petition and has set 12th February as the next date for hearing the same. 



Tagged: Delhi HC   Child Marriage Act   Delhi Government   Article 21   Constitution of India   fundamental rights   Chief Justice D.N. Patel   Justice Jyoti Singh  
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