In context of, Lajja Devi v.
State of
Uttar Pradesh (2012) this
presentation gives a brief account of
the recent developments in terms of
child marriages in India and the kind
of issues that have arisen in the
recent past around this subject
matter with respect to Personal
Laws.
Child Marriages in
India
Laws Referred to-
Hindu marriage
Act
Section 5, 11,
12, 18
Prevention of Indian Penal
Child Marriage Code
Act Section 376,
Section 3 363
Protection of Hindu Minority
Children & Guardianship
against Sexual Act
offenses Act
sec.3, 5, 29 Section 13, 6
Brief Facts about the Case
6
• 4 petitions were clubbed
together by the Delhi High
Court, all involving the marriage
5
of minors.
• Lajja Devi, the mother of one of
the girls who eloped, filed an
4 application petition.
• The boy was arrested.
• The girl said she did it out of her
3 own will.
• Even her in-laws demanded her
custody.
• The girl feared being married to
2
another man that is why she
was kept in a Nari Niketan.
• The FIR lodged against the
1 husband was with regards to
Kidnapping and Rape.
• The court faced many
0 contentious issues with regards
1 2 3 4 to such marriage and solution
thereafter.
Series 1 Series 2 Series 3
ISSUES THAT WERE
HIGHLIGHTED BY THE
SUPREME COURT
Is marriage of a boy less Can the Custody of the
than 21 and a girl less said girl be given to her
than 18 valid? husband?
Can a minor be said to
have reached the age of
Can the minor be kept
discretion and thereby
in protective custody?
walk away from lawful
guardianship?
Can the FIR be quashed
in which was filed under
section 376 and 363 of
IPC?
WHETHER A MARRIAGE WHERE BOTH PARTIES
ARE MINOR BE CALLED VALID.
PCMA CALLS CHILD MARRIAGE A COGNIZABLE
AND PUNISHABLE OFFENCE WHEREAS HMA HAS
NO SUCH PROVISIONS THAT ANTAGONIZE CHILD
MARRIAGE. THISMAKEA DEEP CONTRADICTION
IN TWO LEGISLATIONS. PCMA IS NOT A
SECCULAR ACT AND MARRAIGES OUGHT TO BE
VIEWED FROM THE EYES OF THE PERSONAL
LAWS.
THIS MEANS THAT PCMA WOULD NOT BE
APPLIED AS ANOTHER SPECIAL LAW IS ALREADY
VALIDATING CHILD MARRIAGE.
BUT BECAUSE THE PROVISION PROMOTES A LOT
OF WRONGS, THE COURT CHOOSES TO GO WITH
ISSUE #1
PCMA & POCSO WHERE THE GIRL ON PETITION
AFTER ATTAINING MAJORITY, APPLY FOR
DIVORCE.
ISSUE 2
Whether a minor can be said to have reached the age
of discretion and thereby walk away from the lawful
guardianship of her parents and refuse to go to their
custody?
Hindu minority and guardianship Act, defines natural
guardians of minors:
Section 6(a)- If a girl is unmarried then father is her
first natural guardian and mother is second natural
guardian.
Section 6(c)- If a girl is married then her husband is
her natural guardian even though
Since child marriage is valid under Hindu Marriage Act
as of now, it was argued in Lajja Devi that husband
has a primary right over a custody of a married girl,
despite he himself being a minor at all.
Court rejected this argument citing a further provision
i.e. section 13. it lays down that determination of
custody is dependent on the interest of the child
which is paramount.
And no person shall be entitled to guardianship, if
court is of the opinion that appointed guardian will not
be for welfare of the minor-
If a girl refuses to go back
to her parental home, can
she be kept in the custody
of the sate?
Custody of a minor girl
cannot be transferred to
her husband until majority
and in cases wherein girl
refuses to go back to her
parents, the state shall
ISSUE#3 have the custody until the
age of majority.
Whether FIR u/s 363 or 376 IPC can be
quashed on the basis of the statement of
minor that she had voluntarily contracted
the marriage?
Court held that if girl is below 16 years
then consent is immaterial and offence
under section 376 is made out and charge
sheet cannot be quashed on the ground
that she was a consenting party.
Consummation with the wife below the
age of 15 years is an offence and
judgment has barred the exception to
marital rape under the age of 18 years
and restricted interpretation to the section
ISSUE#4
to be given.
If a girl is more than 16 years and she
makes a statement that she went with her
consent, the statement could be accepted
and proceedings can be quashed.
But again no straight jacket formula can
be given and circumstances and
understanding of girl is to be taken into
1.) Amend all acts that give
tacit enforcement to child
marriage
2.) make Marriage under
section 16 void ab initio
3.) Bring reforms and create a
system of compulsory
registration of marriages.
4.) Provide food, clothing and
RECOMMENDATIONS BY shelter to the victims of child
marriage
THE HON’BLE SUPREME
COURT
ALL PICTURES OF CHILDREN IN THE
PRESENTATION HAVE BEEN BLACK AND WHITE
THAT IS BECAUSE THERE ARE NO COLOURS TO A
MARIRAGE THAT IS IMPOSED ON THOSE THAT
DO NOT EVEN KNOW WHAT A MARRIAGE IS
THANK YOU…….
BY-
Akshit Mishra 17BAL071
DAMINI CHOUHAN 16BAL072
