Allahabad High Court Rules 2004 Wedding of Minors as Void, Orders Compensation

The Allahabad High Court has nullified a 2004 marriage involving a 12-year-old boy and a nine-year-old girl. This decision came after the man appealed against a family court's ruling. The court also directed him to pay his wife Rs 25 lakh. The judgment was delivered by Justice Saumitra Dayal Singh and Justice Donadi Ramesh on October 25.

The appeal was filed by the husband against the principal judge's decision at the family court in Gautam Buddh Nagar. The appellant sought to have his marriage, which took place on November 28, 2004, declared void. According to records, he was born on August 7, 1992, and his wife on January 1, 1995.

High Court's Observations

The high court noted that the family court erred in dismissing the case. It stated that the appellant had the right to file the suit individually since he was over 18 years old. The court also clarified that he had until age 23 to file the suit, according to Supreme Court guidelines.

The bench concluded that since the appellant was under 23 when he filed the suit, it was within the permissible time frame. Consequently, the lower court's order was overturned. The child marriage between the parties was declared void by the high court.

Compensation and Interest

The court ordered that Rs 25 lakh be paid to the respondent wife within one month. If this amount is not paid within the stipulated time, it will incur an interest of 8% until fully settled. This directive aims to ensure compliance with the judgment and provide fair compensation.

In summary, this ruling underscores the illegality of child marriages and reinforces legal provisions for annulment. It also highlights the importance of adhering to statutory limitations when seeking legal remedies in such cases.