The High Court also ordered the husband to pay Rs.25 lakh to his wife. (file)
Prayagraj:
Allowing an appeal against a family court verdict, the Allahabad High Court has declared the “marriage” of a 12-year-old man to a nine-year-old girl “null and void” in 2004.
In addition, the husband has ordered to pay Rs. 25 lakhs to his wife.
Holding that the case was filed within the time limit and only the appellant-husband had the right to file it, the High Court in its 47-page judgment showed that the family court erred in dismissing the case.
The bench of Justice Soumitra Dayal Singh and Justice Donadi Ramesh on October 25 allowed the appeal filed by the husband against the decision of the Chief Judge of the family court at Gautam Budhnagar.
In a suit filed in the Family Court, the appellant sought a declaration of “annulment” of his “marriage” dated November 28, 2004.
According to the document, the petitioner was born on August 7, 1992, while the respondent (wife) was born on January 1, 1995.
The High Court said, “The age of the appellant had exceeded 18 years, he alone could have filed that suit in his individual capacity. As to limitation, we have taken into account the decision of the Supreme Court and come to the conclusion that the appellant had limitation. No doubt, the appellant was more than 23 years on the date of registration of the suit.” was underage.” Accordingly, the order of the learned Court below cannot be sustained. It is set aside. The transaction of ‘child marriage’ entered into between the parties is cancelled. Let the defendant pay Rs.25,00,000 (25 lakhs). wife) within a period of one month, failing to do so, shall bear interest at 8 per cent till the date of actual payment after one month. The bench further said.
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