Delhi High Court seeks Central govt's response on plea to declare all child marriages void ab initio

The Delhi High Court has sought the Central government's stand on a petition to declare all child marriages void-ab-initio (having no legal effect from inception) [Aisha Kumari v State of NCT of Delhi and Ors]. .A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notices to the Ministry of Law and Justice and the National Commission for Women asking them for their response on the issue. The case will now be heard on September 13. .Notice was issued after an application was moved in an already pending petition by one Aisha Kumari. In her petition, Aisha alleged that when she was 16-years-old she was fraudulently married to a guy, in a ceremony which she assumed to be just a normal function at home. It was argued that their marriage was never consummated. Later she pursued bachelors from GGSIPU in Bachelor of Education between 2016-2018. She then sat for Central Teacher eligibility test (CTET) and then for Jamia Millia Islamia for a masters course.The respondent showed up at her house in 2020, to take her to Gujarat with him, claiming that she is his wife, her plea alleged. After this, she fled home and filed the petition before Delhi High Court.The petitioner also alleged that she is now facing threats from her family and in-laws. Though the Court had earlier issued notice to the State, it was later pointed out that to make the child marriages void-ab-initio, it is necessary to make the Central government a party. .While hearing the petition on Monday, the Court besides issuing notice to the Centre also directed the Delhi Police to provide security to the petitioner. Meanwhile, the Delhi Commission for Women (DCW) said that it will provide shelter to her..The petition has also sought a declaration that Section 3(1) of Prohibition of Child Marriage Act which provides that a child marriage is voidable should be declared unconstitutional and ultra vires of Article 21 of the Constitution of India."The prohibition of Child Marriage Act, 2006 in so far as it provides that a child marriage shall be voidable, violates the fundamental right of minor girl child to have lief with dignity and thus in teeth of Article 21 of the Constitution of India," the plea said.It also argued that a consent for marriage given by a child under 18 years of age cannot be held valid and needs to be declared void ab initio instead of being voidable.Further, it was contended that under the principle of parens patriae, the State is bound to protect the well-being of children and minor girls who are most vulnerable. Therefore, when girl children are married against their consent, the State must come forward to protect them, it was submitted.