Question

Principle The court has power to issue an injunction to prohibit a child marriage from being performed.
Factual Situation A marriage is performed between A and B. A is of 14 years of age and B of 17 years of age. X is a public spirited person filed a suit to declare the said marriage void. 15 the suit maintainable?
Decision

• A. No, because court has power to issue injunction and not to declare the marriage as valid and void
• B. No, because the marriage is performed with the consent of their parents
• C. Yes, because the policy of the law is to prevent the child marriages
• D. None of the above

Answer 1

Answer: (C)

Yes, because the policy of the law is to prevent the child marriages

As per section 13 of the Prohibition of Child Marriage Act, 2006, if a Judicial

Magistrate of the First Class or a Metropolitan Magistrate is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnized, such Magistrate shall issue an injunction against any person including a member of an organisation or an association of persons prohibiting such marriage.

In this case, A and B were getting married while they were children as per the definition under the act, and hence, it was a contravention of the provisions of the act and hence, the suit filed by X is maintainable and the court in this case has the power issue an interim injunction to invalidate the marriage.