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SAUMITRA DAYAL SINGH, DONADI RAMESH
Sanjay Chudhary – Appellant
Versus
Guddan @ Usha – Respondent
JUDGMENT :
1. Heard Shri Anil Kumar Mehrotra, assisted by Shri Srijan Mehrotra and Shri Ashwani Kumar Patel, learned counsel for the appellant and Shri Gaurav Tripathi, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the judgement and order dated 23.02.2018 passed by learned Principal Judge, Family Court, Gautam Buddha Nagar, in Suit No. 794 of 2013 (Sanjay Chudhary v. Guddan @ Usha), whereby declaration sought by the appellant, that his marriage with respondent, solemnised on 28.11.2004, was void, has been declined. The suit has been dismissed.
3. According to the facts proven before the learned trial court, the appellant was born on 07.08.1992 whereas the respondent was born on 01.01.1995. On 28.11.2004, the date of their marriage, the appellant was about 12 years of age whereas the respondent was about 9 years of age. They would have attained the age of 18 years in the year 2010 and 2013, respectively. On 05.07.2013, claiming benefit of Section 3 of Prohibition of Child Marriage Act, 2006 (hereinafter referred to as the 'PCMA'), the appellant filed the above-described suit at age 20 years 10 months a
The Prohibition of Child Marriage Act allows for annulment of child marriages within two years of attaining majority, and such marriages are voidable, not void.
(1) Child marriage is voidable but not void – Any party to such transaction must elect to confirm or void it.(2) Void marriage—Child marriage—Any person whether male or female, who has attained age o....
The central legal point established in the judgment is that the marriage of a minor under the Prohibition of Child Marriage Act, 2006, is voidable at the option of the contracting party who was a chi....
(1) Principles applicable to determination of age in case of a juvenile would in terms apply to cases of determination of age of a victim as well.(2) In face of a date of birth certificate from schoo....
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Nullity of marriage – A minor girl who is married to a major male, has both options of seeking nullity of marriage under Prohibition of Child Marriage Act, 2006 as well as getting divorce under Hindu....
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