The Delhi High Court Bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued a notice on Petition seeking directions and stand of the Delhi Government in relation to declaration of Child Marriage as Void ab-initio; while hearing the matter of “Aisha Kumari vs. State of N.C.T. of Delhi & Ors.”. Presently, Section 3(1) of the Prohibition of Child Marriage Act, 2006 describes Child Marriage as “voidable”, which means that the marriage is valid until set aside by a decree of annulment that can be demanded by the option of either parties; in contrast, the Petitioner seeked for an order that Child Marriage be declared Void ab-initio, which means that the marriage is null from inception, and has no legal validity whatsoever. It was also remarked by the Petitioner that, it is “Delhi government's failure to declare child marriages as Void ab-initio was violative of the fundamental and human right to live with dignity.”
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