Petition filed in Delhi High Court regarding declaration of Child Marriage as Void ab Initio and ultravires of the Constitution of India

Petitioner Aisha Kumari, forcefully gave her consent to marry her aunt’s son in her 10th grade, to which she seeks protection from the Delhi High Court to declare such marriage as null and void (void-ab-initio)According to the law, voidable is considered not exactly void but can be avoided at the option of the party whereas, void ab initio means, void from the beginning of the act.Considering the previous decisions passed by Karnataka government regarding declaring Child Marriage void ab initio under Prohibition of Child Marriage (Karnataka Amendment Act), 2016.

The present petition was filed under which, the petitioner said“Under the doctrine of parens patriae the State is duty bound to protect the interest and look after the well being of children, particularly minor girls, who are most vulnerable”To which, a notice was issued seeking direction for declaration of the child marriage void ab initio under Prohibition of Child Marriage Act, 2006 and was thus declared ultra vires of the Constitution of India.

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