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2021 Supreme(All) 282

VIKAS KUNVAR SRIVASTAV
Sadhna Kumari Thru. Her Husband Skekhar @ Shekhar Pandey – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Janardan Singh

Judgement Key Points

What is... How to determine the enforceability of a marriage/consent agreement entered by a minor under Indian Contract Act? What is... What is the status of an agreement purporting to be of marriage and consent to cohabit when one party is a minor? What is... What are the consequences for ratifying or enforcing contracts entered into by minors upon attaining majority?

What is... How to determine the enforceability of a marriage/consent agreement entered by a minor under Indian Contract Act?

What is... What is the status of an agreement purporting to be of marriage and consent to cohabit when one party is a minor?

What is... What are the consequences for ratifying or enforcing contracts entered into by minors upon attaining majority?


JUDGMENT :

1. The case called out for virtual hearing as fresh petition.

2. Learned counsel for the petitioner, Sri Janardan Singh, Advocate and learned A.G.A for the State are connected through video conferencing.

3. The instant writ petition is filed seeking issuance of direction in the nature of habeas corpus. Allegedly, the petition is moved on behalf of 'Sadhna Kumari', aged about 18 years, through her next friend on 15.4.2021. The next friend, allegedly the husband namely Shekhar @ Shekhar Pandey aged about 19 years, is resident of District-Gonda. The opposite parties no.4 and 5 (parents of petitioner Sadhna Kumari) are resident of village Mau, with whom her unlawful detention is complained of.

4. Briefly stating the grounds for issuance of direction in the nature of habeas Corpus through the next friend Shekhar @ Shekhar Pandey, as pleaded in the petition are the alleged detenue petitioner 'Sadhna Kumari' and the next friend 'Shekhar @ Shekhar Pandey' were legally wedded and living as husband and wife since after an agreement purported to be of marriage covenanted by them on a notary affidavit dated 31.7.2020 which shall hereinafter be referred as "agreement' only. The photocopy

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