CHILD MARRIAGE SHOULD BE DECLARED VOID-AB-INITIO - APPLICATION BEFORE DELHI HC

The Delhi High Court issued notices to the Ministry of Law and Justice and the National Commission for Women asking them their stand on a petition to declare all child marriages in India void-ab-initio. 

Aisha Kumari moved an application in a pending petition. Aisha informed that at the age of 16, she was fraudulently married to a guy. She assumed that a ceremony was just a normal function at home. The respondent argued that their marriage was never consummated as she pursued a bachelor's from GGSIPU between 2016-2018 and then sat for the Central Teacher Eligibility Test (CTET). Later, she went to Jamia Millia Islamia for a master's course.

The respondent argued that he showed up at her house in 2020, to take her to Gujarat with him. However, she fled home and filed the petition before Delhi HC.

The petition has also sought a declaration that child marriage should be declared unconstitutional and ultra vires of Article 21 of the Constitution. A consent for marriage given by a below 18 years of age needs to be declared void ab initio instead of being voidable.

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued a notice seeking the Centre's response and directed the Delhi Commission for Women (DCW) to provide shelter to the petitioner.