The prime court docket additionally ordered that the person pay his “wife” Rs 25 lakh. (Report)
Prayagraj:
Permitting an attraction towards a public court docket judgment, Allahabad Prime Court docket has declared as “void” the 2004 “wedding” of a person who was once 12 years aged on the moment with a nine-year-old woman.
It additionally ordered that the person pay his “wife” Rs 25 lakh.
In a 47-page judgment then keeping that the swimsuit was once filed throughout the limitation and the appellant husband lonely was once entitled to record it, the prime court docket seen that the public court docket erred in pushing aside the subject.
The judgment was once handed on October 25 through a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, permitting the attraction filed through the “husband” towards the judgment of the most important pass judgement on on the public court docket in Gautam Buddh Nagar.
Within the swimsuit filed ahead of the public court docket, the appellant sought that his “marriage”, solemnised on November 28, 2004, be declared “void”.
In keeping with paperwork, the appellant was once born on August 7, 1992, pace the respondent (spouse) was once born on January 1, 1995.
The prime court docket stated, “The appellant was more than 18 years of age. He alone could have filed that suit in his individual capacity. As to limitation, we have already reached a conclusion considering the decision of the Supreme Court that the appellant had limitation available up to 23 years of age to institute that suit. Undoubtedly, on the date of institution of the suit by the appellant, he was less than 23 years of age.” “Accordingly, the order of the learned court below cannot be sustained. It is set aside. The transaction of ‘child marriage’ performed between the parties is declared void. Let Rs 25,00,000 (Rs 25 lakh) be paid to the respondent (wife) within a period of one month. Failing that, the awarded amount shall carry interest of 8 per cent after one month till the date of its actual payment,” the bench additional stated.
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