Sanjay Chudhary VS Guddan @ Usha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SAUMITRA DAYAL SINGH, DONADI RAMESH
Sanjay Chudhary – Appellant
Versus
Guddan @ Usha – Respondent

Advocates:
Counsel for the Parties:
For the Appellant: Anil Kumar Mehrotra, Srijan Mehrotra
For the Respondent: Anurag Vajpeyi, Bindu Kumari, Gaurav Tripathi

JUDGMENT

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 and