Delhi High Court notice to Centre

The Delhi High Court has issued a notice to the Union Government on an application seeking a stay on proceedings in the matter of young men going for marriage before attaining marriageable age.


The applicant, Mahadev, has also filed a petition in the High Court challenging an order permitting his minor daughter to stay with her husband after she had attained adulthood.

However, the girl was a minor at the time of her marriage.

Meanwhile, A Full Bench of the Court is already hearing the issue in a comprehensive manner.

The Bench was constituted by the Chief Justice following an order by a Division Bench in another matter connected with the issue.

The Full Bench has been asked to decide: whether a marriage by a boy of less than 21 years with a girl of less than 18 years can be declared a valid marriage and the custody of the girl can handed over to the boy? ; whether a minor can be said to have reached the age of discretion and walk away from the lawful guardianship of her parents and refuse to go to their custody? and whether an FIR under Section 363 (abduction) and 376 (rape) of the Indian Penal Code can be quashed on the basis of statement of a minor girl that she has entered into the marriage of her own will?

The applicant moved the Court for stay on the proceedings going in the High Court and the sub-ordinate courts here following declaration of a marriage between two minors as valid by a Division Bench of the Court comprising Justice B.D. Ahmed and Justice V.K. Jain in August this year.

Stay sought
The applicant sought the stay on the proceedings involving the questions of the validity of child marriage, custody of minor bride, quashing of FIR under Sections 363 and 376, invocation of Section 18 of the Hindu Marriage Act Sections and 9 and 10 of the Prevention of Child Marriage Act in view of the Full Bench taking up these questions for consideration.