In a 47-page judgment, the court determined that the suit was filed within the limitation period and that only the appellant husband had the right to file it. The high court noted that the family court had erred in dismissing the case.
Allahabad: In allowing an appeal against a family court decision, the Allahabad High Court declared as “void” a 2004 “marriage” between a 12-year-old boy and a 9-year-old girl. The court also ordered the man to pay Rs 25 lakh to his “wife.”
In a 47-page judgment, the court determined that the suit was filed within the limitation period and that only the appellant husband had the right to file it. The high court noted that the family court had erred in dismissing the case.
On October 25, a bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh passed a judgment allowing an appeal filed by the “husband” against the decision of the principal judge at the family court in Gautam Buddh Nagar.
In the suit filed before the family court, the appellant sought to have his “marriage,” solemnized on November 28, 2004, declared “void.”
Documents reveal that the appellant was born on August 7, 1992, while the respondent (wife) was born on January 1, 1995.
The high court stated, “The appellant was over 18 years old and could have filed the suit in his individual capacity. Regarding the limitation, we have concluded, based on the Supreme Court’s ruling, that the appellant had until the age of 23 to file the suit. At the time of filing the suit, he was under 23.”
The court further ruled, “Thus, the family court’s order cannot be upheld and is set aside. The ‘child marriage’ between the parties is declared void. The respondent (wife) is to receive ₹ 25,00,000 (₹ 25 lakh) within one month. If this amount is not paid, it will accrue interest at 8% per annum from the end of the one-month period until payment is made.”
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