The Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh issued a notice on a plea seeking directions for the declaration of Section 3(1) of the Prohibition of Child Marriage Act, 2006 as ultra vires of the Constitution insofar as it makes child marriage 'voidable'.

A writ petition under Article 226 r/w Article 227 of the Constitution of India has been filed before the Delhi High Court seeking for issuance of a writ of Mandamus or any other appropriate writ or order or appropriate direction thereby declaring Sec 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.

A Writ Petition is seeking order or direction to State of Delhi & NCT to pass appropriate resolution or amendment to declare every child marriage that is solemnized within the state of Delhi as void ab intio in wake of the observation made by the Hon’ble Apex Court in Independent thought v. Union of India (2007) 10 SCC 800.

The Petitioner also seeks to examine the following questions of law,

  1. Given that the Pro-child marriage is intended to and do consider the best interest of the child, whether the provisions of Section 3(1) of the Prohibition f 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?
  2. Whether Section 3(1) of the Prohibition f Child Marriage Act, 2006 in so far as it provides that child marriage is voidable, violates the fundamental right of the minor girl child to have a life with dignity and thus in teeth of Article 21 of the Constitution of India?
  3. Whether under the doctrine of parens patriae the Respondent No. 1 State is duty-bound to protect the interest and look after the wellbeing of the children particularly minor girls who are most vulnerable?
  4. Whether this Hon’ble Court have jurisdiction to declare a child marriage null and void, which could not be challenged within two years after attaining the age of majority under Prohibition of Child Marriage Act, 2006?   

 

Picture Source :

 
Rishab Bhandari