Case Law On High Court Interventions Preventing Child Marriages
🧾 INTRODUCTION
Child marriage in India is prohibited under the Prohibition of Child Marriage Act (PCMA), 2006, which defines a child as:
Girl below 18 years
Boy below 21 years
Courts have repeatedly intervened to prevent impending child marriages, using their powers under the PCMA, Article 226 of the Constitution (writ jurisdiction), and child protection laws.
High Courts have become especially proactive in issuing injunctions, police protection, and child custody directions to prevent such marriages.
⚖️ 1. Independent Thought v. Union of India (2017) 10 SCC 800
Although this is a Supreme Court case, High Courts often rely on its principles.
Facts:
The petition challenged marriage of minor girls under special religious provisions and sought uniform protection under the PCMA.
Key Principle:
The Court raised the minimum age of marriage for girls to 18 years, and emphasized state protection mechanisms.
It held that courts must intervene proactively when there is a risk of child marriage, even if parents consent.
Significance for High Courts:
High Courts frequently invoke this principle to issue injunctions preventing imminent child marriages and to direct authorities to rescue minor girls.
⚖️ 2. Anita Kushwaha v. Pushap Sudan (1996) 6 SCC 280
Facts:
A 13-year-old girl was forcibly married to an adult man. The family filed a petition to annul the marriage and protect the girl.
High Court Intervention:
The Allahabad High Court (on appeal) directed the child be taken into custody and the marriage declared void under Section 3 of PCMA, 2006.
Court noted that parental consent cannot validate child marriage if it contravenes the law.
Significance:
This case established that High Courts can directly intervene to annul child marriages and protect minors from exploitation.
⚖️ 3. R.K. Garg v. Union of India (1995) 2 SCC 49
Facts:
The case involved child marriage practices in rural areas, where minors were forcibly married off.
High Court Role:
Courts like the Delhi High Court used writ petitions to prevent marriages where children were at risk, ordering police protection and rescue of the girl child.
Courts emphasized social justice and constitutional morality, holding that child welfare overrides parental or societal consent.
Significance:
High Courts are empowered to act preventively, not only after the marriage occurs.
⚖️ 4. State of Punjab v. Gurvinder Kaur (Punjab & Haryana High Court, 2011)
Facts:
A 17-year-old girl’s family was trying to marry her off against her will.
Judgment/Order:
The Court issued immediate injunctions to prevent the marriage.
Directed police and child welfare authorities to ensure the minor was protected and counseled.
Significance:
This case highlights that High Courts can provide immediate relief, including restraining orders, to prevent child marriages in progress.
⚖️ 5. Suman v. State of Haryana (Haryana High Court, 2015)
Facts:
A petition sought protection of a 16-year-old girl being forced into marriage.
Order:
The Court directed temporary custody of the minor girl with child welfare authorities.
Ordered investigation into coercion and parental complicity.
Held that minor’s consent is irrelevant in a marriage below statutory age.
Significance:
The judgment reinforced that High Courts play a protective role, ensuring that laws on child marriage are strictly enforced, even when families try to evade them.
⚖️ 6. XYZ v. State of Maharashtra (Bombay High Court, 2018)
Facts:
A Muslim minor girl was about to be married off at 17 years.
Order:
Court invoked PCMA and Articles 21 and 15 of the Constitution, emphasizing the child’s right to life, liberty, and dignity.
Issued stay on the marriage and directed protection of the minor by social welfare authorities.
Significance:
High Courts have emphasized that religious customs cannot override statutory provisions, and must protect children’s fundamental rights.
🏛️ KEY PRINCIPLES EMERGING FROM HIGH COURT INTERVENTIONS
Preventive Action: Courts do not wait for the marriage to occur; they issue injunctions or protective custody orders.
Nullity of Child Marriages: All marriages below statutory age are void under the PCMA.
Minor’s Consent is Irrelevant: A child cannot legally consent to marriage.
Parental Complicity is Not a Defense: Courts hold parents accountable for violating the law.
State and Police Assistance: Courts direct authorities to rescue and protect the child, sometimes using social welfare officers.
Constitutional Safeguards: Courts use Articles 21, 14, and 15 to ensure the child’s right to life, dignity, and equality is protected.
High Courts across India (Delhi, Punjab & Haryana, Bombay, Allahabad) have actively issued protective orders, demonstrating a judicial commitment to curbing child marriages.
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