Marriage between minors valid, says Delhi HC

The Delhi high court has said that marriage between minors is valid and can only be annulled if either spouse submits a plea seeking annulment.

“A marriage in contravention of clause (iii) of section 5 [which fixes minimum age of groom at 21 years and of bride at 18 ] does not fall in the category of void or voidable marriages. Consequently, by the process of elimination, it would be a valid marriage,” a bench of justices BD Ahmed and VK Jain said, giving relief to a minor couple.

The court said that even the Prohibition of Child Marriage Act has not declared a marriage between minors invalid as it says such a marriage can be annulled only if either spouse submits a plea for annulment. The court passed the order on a petition by Jitendra Kumar Sharma, 18, who eloped and married Poonam Sharma, 16, against the wishes of their families.

Jitendra approached the court after Poonam’s family registered a criminal case against him charging him of abduction. The court suggested that the state take measures to educate youth on how early marriage can hamper development.

“The sooner the legislature comes out with a realistic solution, the better, or else judges would be left to deal with broken hearts,” the bench said.