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A notice was issued to the Government of Delhi and Delhi Commission for Women by the High Court of Delhi, in a petition that was filed seeking to declare section 3(1) of the Prohibition of Child Marriage Act, 2006 as invalid and ultra vires of Article 21 of the Constitution. Child marriage under section 3(1) of the 2006 Act is currently voidable and the petition seeks to declare it as void ab initio.
The petitioner was forced into marriage by her parents when she was 16 years old and was waiting for her 10th grade results. The petitioner also sought to declare her marriage as void ab initio. The plea stated that a consent to marriage given by a girl under the age of 18 years cannot be held as valid consent and such marriage must be made void. The petitioner submitted to the court how she was a bright student who has completed her graduation and was pursuing further studies. After she was compelled to marry a boy when she was 16, they never lived together as a husband and wife and also that their marriage was never consummated.
Furthermore, she also sought to make arrangements to provide complete protection from her father, brother and her husband. However, the Bench asked the counsel to file another appropriate application but she cannot claim for protection under this petition. The petitioner was represented by her lawyer Tanveer Ahmed Mir.
The Bench comprised of Chief Justice D N Patel and Justice Jyothi Singh and issued notice to the Government of Delhi and Delhi Commission for Women. The Bench allowed the matter and listed this for further hearing on February 12, 2021. s
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