If the girl is less than 20 and the boy is less than 23 then the marriage is void. Marriage is void if the girl is 20 and the boy is less than 23: High Court said – Right to file suit and void the marriage under the Child Marriage Prohibition Act – Prayagraj (Allahabad) News

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The High Court said that the husband can file a case to get the child marriage void before the age of 23 years to avail the benefit of Section 3 of the Prohibition of Child Marriage Act (PCMA). In the present case, it was undisputed that a child marriage had taken place between the couple, hence the court declared the marriage void.

The wife asked for permanent alimony of Rs 50 lakh, while the husband said he could only pay Rs 15 lakh.

High Court did not uphold the order of the Family Court

The High Court said that the order of Principal Judge Family Court Gautam Budh Nagar cannot be sustained. It is cancelled. The transaction of “child marriage” entered into between the parties is declared void. Rs 25 lakh should be paid to the respondent wife within a period of one month.

This order has been passed by the division bench of Justice SD Singh and Justice Donadi Ramesh on the appeal of Sanjay Chaudhary.

The question before the Court was whether for the purpose of calculating the time limit for annulment of child marriage, the age of majority of the male would start from 18 years or 21 years.

The High Court said the difference in the legal age of marriage between men and women in India is “nothing but a relic of patriarchy. Currently in India the age of marriage for men is 21 years while for women it is 18 years. The bench said the legislative intent is to allow men an additional three years to complete their education and achieve financial independence to support the family.

However, the Court said that this amounts to denying equal opportunities to women.

The High Court made this observation while considering the appeal of a husband against the refusal of a Family Court to declare his marriage void.

The husband’s ground for getting the marriage void was that the marriage which took place in 2004 was a child marriage, because at that time he was only 12 years old and his wife was only 9 years old.

In 2013, the husband had claimed benefits under Section 3 of the Prohibition of Child Marriage Act (PCMA) at the age of 20 years, 10 months and 28 days. This provision allows the party who was an adult at the time of the marriage to declare the marriage void.

The wife argued that the relief claimed was well beyond the limitation period. She said that her husband had turned 18 in 2010. The question before the High Court was whether the age of majority for a male would start from 18 years or 21 years, which is the legal age for marriage.

The Court held that a male under the age of 21 and a female under the age of 18 are considered a “child” for the purposes of the PCMA. The Court found that the term ‘adulthood’ is not defined under the PCMA.

However, it also states that the party itself must file the petition within 2 years of attaining majority. The wife argued that the relief claimed was well beyond the limitation period. She said that her husband had turned 18 in 2010.

The Court held that a male under the age of 21 and a female under the age of 18 are considered a “child” for the purposes of the PCMA. The Court found that the term ‘adulthood’ is not defined under the PCMA.

The court cited the legislature

The Court said that the legislature assumes that any person aged 18 years or above understands the consequences of his or her act – performing a “child marriage”.

The husband had sought this relief in the High Court on the grounds that the marriage that took place in 2004 was a child marriage, because at that time he was only 12 years old and his wife was only 9 years old. In 2013, the husband had claimed benefits under Section 3 of the Prohibition of Child Marriage Act (PCMA) at the age of 20 years, 10 months and 28 days. This provision allows the party who was an adult at the time of the marriage to declare the marriage void.