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SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha, J.B. Pardiwala, JJ.
Shahida Quraishi – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) No. 551 of 2021
Decided On : 27-03-2023
Constitutional Validity - Personal Laws - Minimum Marriageable Ages
Fact of the Case:
The court addressed the constitutional validity of personal laws prescribing non-uniform minimum marriageable ages for men and women.
Finding of the Court:
The court disposed of the petition in view of a previous order and directed similar challenges to be heard by one Bench.
Issues: Constitutional validity of non-uniform minimum marriageable ages for men and women.
Ratio Decidendi: The scope of the challenge was governed by a previous court order, and similar challenges were directed to be heard by one Bench.
Final Decision: The petition was disposed of, and similar challenges were directed to be heard by one Bench.
ORDER
Writ Petition (Civil) No 551 of 2021
1. The challenge in these proceedings is to the constitutional validity of personal laws which prescribe non-uniform minimum marriageable ages for men and women. The scope of the challenge is governed by the order of this Court dated 20 February 2023 in Ashwini Kumar Upadhyay vs. Union of India and Another [Transferred Case (Civil) No 3 of 2023].
2. In view of the above order, the Petition shall stand disposed of.
3. Pending applications, if any, stand disposed of.
Writ Petition (Civil) No 584 of 2022
1. The challenge in these proceedings is similar to a challenge pending before this Court in Writ Petition (Civil) No 250 of 2019 [Ojaswa Pathak and Another vs. Union of India].
2. Since both the petitions involve a similar issue, it is desirable that they are heard by one Bench.
3. The Registry is directed to place the both the Petitions together after taking necessary directions from the Chief Justice of India on the administrative side.
Constitutional validity of personal laws prescribing non-uniform minimum marriageable ages for men and women.
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.
Marriage with party below marriageable age voidable not void; Article 21 protection for life/liberty of majors paramount over validity disputes, mandating state safeguards against family harassment.
The fundamental rights of individuals, including protection of life and personal liberty under Article 21 of the Constitution of India, prevail regardless of familial objections to marriage.
The legal point established is the requirement for a live-in relationship to fulfill conditions akin to marriage and the need for evidence of a permanent relationship to be considered for protection ....
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be denied solely based on the non-marriageable age of a party involved in a marriage.
The fundamental rights of individuals, as envisaged in the Constitution of India, cannot be deprived solely based on the non-marriageable age of one of the parties involved in a marriage.
Marriage with groom below 21 years is voidable, not void; couples entitled to police protection under Article 21 against family interference, irrespective of marriage validity.
The court emphasized the protection of fundamental rights under Article 21 of the Constitution of India, particularly in the context of marriage and the apprehension of danger to life and liberty.
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