Child Marriages Voidable, Not Void: Can Not Be Compelled to Live With Husband: Patna High Court

In a significant ruling on the status of child marriages in India, the High Court of Patna declared that child marriages are voidable and not void, emphasizing the paramount importance of child welfare and legal majority. This landmark decision was delivered on 16^th January 2024 by the bench comprising Honourable Mr. Justice Ramesh Chand Malviya and Honourable Mr. Justice P. B. Bajanthri.

The court, in its judgment, stated, “A marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but a voidable one.” This observation came in the backdrop of a habeas corpus petition filed for the release of Shivani Kumari, a minor, from the State Girls Care Home in Patna.

The court denied the petition, upholding that a minor girl, even if married, cannot be compelled to live with her husband and must stay under the care of the State until she attains majority. The decision was rooted in the provisions of various legislations, including the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Prohibition of Child Marriage Act, 2006.

Further elaborating on the subject, the court observed, “The welfare of a child is always of paramount consideration.” This statement underscores the court’s approach that prioritizes the overall well-being and rights of the child over the marital status or the consent given in a child marriage.

The case also highlighted the court’s commitment to the protection of children’s rights, with specific emphasis on the right of a child below 18 years of age to not give consent for marriage or sexual intercourse.

Date of Decision: 16-01-2024

NITISH KUMAR @ NITISH RAM VS The State of Bihar