Allahbad High Court Declares 2004 "Wedding" Of Minors "Void"

Allowing an appeal against a family court judgment, Allahabad High Court has declared as "void" the 2004 "wedding" of a man who was 12 years old at the time with a nine-year-old girl.

It also ordered that the man pay his "wife" Rs 25 lakh.

In a 47-page judgment after holding that the suit was filed within the limitation and the appellant husband alone was entitled to file it, the high court observed that the family court erred in dismissing the matter.

The judgment was passed on October 25 by a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, allowing the appeal filed by the "husband" against the judgment of the principal judge at the family court in Gautam Buddh Nagar.

In the suit filed before the family court, the appellant sought that his "marriage", solemnised on November 28, 2004, be declared "void".

According to documents, the appellant was born on August 7, 1992, while the respondent (wife) was born on January 1, 1995.

The high court said, "The appellant was more than 18 years of age. He alone could have filed that suit in his individual capacity. As to limitation, we have already reached a conclusion considering the decision of the Supreme Court that the appellant had limitation available up to 23 years of age to institute that suit. Undoubtedly, on the date of institution of the suit by the appellant, he was less than 23 years of age." "Accordingly, the order of the learned court below cannot be sustained. It is set aside. The transaction of 'child marriage' performed between the parties is declared void. Let Rs 25,00,000 (Rs 25 lakh) be paid to the respondent (wife) within a period of one month. Failing that, the awarded amount shall carry interest of 8 per cent after one month till the date of its actual payment," the bench further said.

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