Under Section 3 of the Prohibition of Child Marriage Act, 2006, a child marriage is voidable only at the option of the contracting party who was a child, via a petition for nullity filed in the district court; administrative authorities lack the power to declare such marriages null.

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner’s representation/complaint dated 18.02.2026 and 23.02.2026 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the 2nd and 3rd respondents to rescue the minor girl and initiate criminal action against the parties involved in the marriage and on the tampering of Aadhaar records”

2. It is alleged that, a girl named Savireddygari Nandini aged approximately 17 years was married to one Jagadeeshwara Reddy. The marriage took place on 22.02.2026 at Marrikunta Village, Betamcherla Mandal, Nandyal District. As per original Aadhar Records, the date of birth of the minor girl is 17.03.2009, as such, as on the date of marriage, she is only 16 years and 11 months old, clearly a minor under the Prohibition of Child Marriage Act, 2006. But, the parents of the bride child altered the aadhar records by falsely entering the date of birth as 24.12.2007 and increased her age with an intention to make her as major to eligible for marriage. The petitioner being a resident of the said village, with a good intention, lodged complaint on 18.02.2026 and subsequent e-mails dated 23.02.2026 seeking intervention of the respondents to stop the child marriage, but no action has been taken to rescue the child or initiate criminal proceedings. The failure of the respondents to consider the representation of the petitioner under the Prohibition of Child Marriage Act, 2006 and G.O.Ms.No.39 Department for Women, Children, Differently Abled & Senior Citizens (Prog.II) dated 15.09.2023 is questioned in the present writ petition.

3. During hearing, Sri P. Pavan Chowdary, representing learned counsel for the petitioner, submits that, despite prior complaint on the intimation to the concerned authorities, the marriage of the minor girl had already been performed on 22.02.2026 and the minor girl was allegedly subjected to the marriage against her will. He also made a serious allegation that the date of birth of the girl in her Aadhar Card was altered or manipulated to falsely depict her as major with the intention of a wedding legal scrutiny and facilitating the illegal marriage. He submits that, such tampering of official records, if true, constitutes a grave offence under law and the inaction of the respondents, despite receiving notice/information, has resulted in the completion of an unlawful child marriage.

4. On the other hand, learned Government Pleader for Women & Child Welfare, furnished written instructions issued by the District Women & Child Welfare & Empowerment Officer, Nandyal District dated – NIL- , wherein it is stated that, upon receipt of the petition through the Child Helpline on 18.02.2026, the Village Level Committee visited the minor girl/bride on 20.02.2026, counseled her and her parents, and explained the legal and penal consequences of child marriage. An undertaking was also obtained from the girl/bride and her parents that no marriage would be performed until she attained 18 years of age. Therefore, the allegation that the representations dated 18.02.2026 and 23.02.2026 was not considered is incorrect. Despite such counseling, the parents performed the marri