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SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., PAMIDIGHANTAM SRI NARASIMHA, J.
Ashwini Kumar Upadhyay Etc. - Petitioners
Versus
Union of India and Others - Respondents
Transfer Petition (Civil) Nos. 1249-1250 of 2020
Decided On : 13-01-2023
Transfer of Cases - Minimum Age of Marriage - The court allowed the transfer of a case pending before the Delhi High Court to this Court, which pertained to the issue of uniformity in the minimum age of marriage for men and women in diverse legislations.
Fact of the Case:
The petitioners sought the transfer of cases pending before the Delhi High Court and the Rajasthan High Court to this Court. The main issue pertained to uniformity in the minimum age of marriage for men and women in diverse legislations.
Finding of the Court:
The Court allowed the transfer petitions by transferring the case pending before the Delhi High Court to this Court.
Issues: The main issue raised in the proceedings was the uniformity in the minimum age of marriage for men and women in diverse legislations.
Ratio Decidendi: The court's decision was influenced by the need to address the issue of uniformity in the minimum age of marriage for men and women in different legislations.
Final Decision: The transfer petitions were allowed, and the case pending before the Delhi High Court was transferred to this Court.
ORDER :
1. The petitioners seek the transfer of WP (C) No. 8905 of 2019 pending before the Delhi High Court and CW/13784/2019 pending before the Rajasthan High Court to this Court.
2. The issue which is raised in the main proceedings pertains to uniformity in the minimum age of marriage for men and women in diverse legislations.
3. Dr. Manish Singhvi, senior counsel appearing on behalf of the respondents states that CW/13784/2019 has been dismissed for want of prosecution by the Rajasthan High Court.
4. In this backdrop, we allow the transfer petitions by transferring WP (C) No. 8905 of 2019 pending before the Delhi High Court to this Court.
5. Pending applications, if any, stand disposed of.
The court's decision was based on the need to address the issue of uniformity in the minimum age of marriage for men and women in different legislations.
Constitutional validity of personal laws prescribing non-uniform minimum marriageable ages for men and women.
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