In a case that underscores the complexities of legal interpretations surrounding child marriage annulments, the Supreme Court has agreed to decide whether the legal age for males to file for annulment should be 18 or 21 years. The decision comes in response to a petition that challenges a recent ruling from the Allahabad High Court.
The dispute revolves around the interpretation of the Prohibition of Child Marriage Act (PCMA), particularly regarding the period within which one must seek annulment after reaching the age of majority. Currently, the law states that a child marriage can be annulled within two years of one party reaching adulthood. However, the definition of ‘adulthood’—whether it is 18 or 21 years—remains contentious.
Justice Pankaj Mithal and Justice Ahsanuddin Amanullah are presiding over the case, which has emerged from a dispute where a husband sought to annul his marriage at the age of 23, claiming he was married off at 12. His wife was reportedly only 9 at the time of the marriage. Despite the Family Court’s initial rejection of the annulment due to statutory limitations, the Allahabad High Court later ruled in the husband’s favor, citing that he had up to the age of 23 to file his suit.
The High Court’s interpretation has sparked a debate over the protection afforded to male parties under the PCMA and whether extending the limitation to 23 years for males, as opposed to 20 for females, stands against the principles of equality and the legislative intent of the Act. The petitioner-wife argues that this interpretation dilutes the protections intended for vulnerable parties, typically females, under the PCMA.
Adding complexity to the case, the wife has challenged the High Court’s decision on multiple fronts, including the application of different ages of majority for legal actions versus the age for entering into a marriage. She contends that her husband, a dental surgeon, was well beyond the legal threshold to challenge the marriage when he filed his suit, based on the standard age of majority being 18 years as defined under The Majority Act of 1875.
