Submitted by crinadmin on
Delhi's high court has prevented a 40 year old man from consummating his marriage to a 17 year old girl until she reaches the age of majority. Unlike some earlier decisions of HC when minor brides were allowed to reside with their husbands, a bench headed by justice A. K. Sikri decreed that the 17-year-old bride would be staying with her parents and not with her spouse. "In actuality, a child marriage is a violation of human rights, compromising the development of girls and often resulting in early pregnancy and social isolation, with little education and poor vocational training reinforcing the gendered nature of poverty," the bench noted on a petition filed by an NGO urging it to declare the marriage illegal as 17-year-old Chandni was forced to marry 40-year-old widower Yashpal. However, the Court refused to annul the marriage as the matter pertaining to the legality of marriage involving minors is still to be decided by a larger bench... Chandni’s father had arranged her marriage to Yashpal who claimed he was 35. After an NGO Association for Social Justice and Research intervened, the court asked the Delhi Police to find the couple and their family. The Delhi Police arrested Yashpal and Chandni’s father. The Court expressed concern about the prevalence of child marriage which it said perpetuates gender inequality. ‘‘The surprising thing is that almost all communities where this practice is prevalent are well aware that marrying children off is illegal and is punishable under the law.
For a copy of the judgment in this case, Association for Social Justice & Research v. Union of India & Ors., click here.
Further Information
pdf: http://www.crin.org/docs/Child Marriage Case Judgment-3.pdf