Allahabad High Court Declares 2004 Child Marriage Void, Orders ₹25 Lakh Compensation to ‘Wife’

Keywords: Allahabad High Court child marriage judgment, child marriage declared void, Rs 25 lakh compensation Allahabad HC, 2004 child marriage case, family court judgment overturned, child marriage appeal Uttar Pradesh,

In a landmark ruling, the Allahabad High Court recently declared the 2004 marriage between a 12-year-old boy and a nine-year-old girl void, underscoring the court’s firm stance against child marriage. Additionally, the court ordered the man, now an adult, to pay ₹25 lakh as compensation to the woman. This decision highlights the judicial emphasis on addressing historical child marriages and ensuring justice, particularly in cases where such marriages impact individuals even years later.

Case Background

The appellant, born on August 7, 1992, married the respondent, born on January 1, 1995, in a ceremony held on November 28, 2004. In 2023, the appellant filed a suit in the Family Court of Gautam Buddh Nagar, seeking a declaration that the marriage be void, given that both parties were minors at the time of the union. However, the Family Court dismissed the suit on grounds of limitation and procedural issues, prompting the appellant to file an appeal in the Allahabad High Court.

High Court’s Analysis

On October 25, a division bench consisting of Justice Saumitra Dayal Singh and Justice Donadi Ramesh allowed the appeal, overturning the family court’s decision. The High Court examined whether the suit was filed within the limitation period and if the appellant had the legal standing to initiate the case independently.

1. Limitation Period: The court applied relevant Supreme Court rulings, which provide a limitation period for filing a suit to declare a child marriage void. Citing that the appellant could file the suit until the age of 23, the court concluded that the suit was timely as the appellant was under 23 when it was filed.
2. Right to File Suit: The court further emphasized that only the appellant had the right to file the suit individually, as he was over 18 years of age at the time of the legal proceedings.

The court ruled that the Family Court’s dismissal was erroneous on both legal and procedural grounds, setting aside its decision.

Compensation Awarded

The High Court’s judgment not only declared the marriage void but also ordered the appellant to pay ₹25 lakh to the respondent as compensation. The court directed that if payment is delayed beyond one month, an interest rate of 8% per annum would apply until the amount is fully paid. This compensation reflects the court’s commitment to providing redress to individuals affected by child marriages, especially in cases where the impacts may extend into adulthood.

Legal and Social Implications

This ruling reinforces the illegality of child marriages and clarifies the judicial stance on voidable marriages under the Prohibition of Child Marriage Act, 2006. By awarding compensation, the court recognized the social and personal consequences of such marriages, aiming to provide tangible support to the affected individual. The case also underscores the importance of accessible legal recourse for individuals who were wed as children and seek to nullify such unions as adults.

Conclusion

The Allahabad High Court’s recent judgment serves as a crucial precedent in addressing child marriage cases and upholds the rights of individuals impacted by such unions. This ruling reinforces the judiciary’s protective stance toward vulnerable individuals, sending a clear message that the institution of child marriage has no place in Indian society.

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