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Source –\u00a0hindustantimes.com<\/p>\n
The Delhi high court refused to hear a plea challenging a provision in law setting the minimum age of marriage for women and men at 18 and 21 years, respectively.<\/p>\n
However, it granted protection to a man and woman, both 19 years old, who feared torture by people, including policemen, for solemnising an inter-caste marriage.<\/p>\n
Justice Najmi Waziri declined to hear the challenge to Section 5 (iii) of the Hindu Marriage Act, 1955, which fixes the minimum age of marriage, stating that the question raised will be heard only by a division bench whereas the couple needed immediate relief.<\/p>\n
The court granted protection to the couple even as it asked their counsel, Kamlesh Kumar Mishra, to remove the prayer challenging the provision in question. The petition had also contended that even though a representation seeking protection was sent to the police commissioner, no response was received from his side.<\/p>\n
Besides seeking protection, the couple\u2019s plea, filed through advocates Mishra and Sanjay Baniwal, also challenged the provisions of the Act on the ground that it was in violation of articles 14, 15 and 16 of the Indian Constitution which list various provisions for equality.<\/p>\n
The plea had contended that both the individuals are adults.<\/p>\n
\u201cIt would not be out of place to mention that a \u2018live-in relationship\u2019 is now recognised by the Legislature, which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005,\u201d the plea said.<\/p>\n
The petition also said that if adult males are given equal treatment under various provisions of the law, why are they placed on an unequal ground in provisions for age of marriage.<\/p>\n
\u201cWhy can\u2019t men marry at the age of 18 if they are considered as mature\/major,\u201d the plea asked.<\/p>\n
The court, however, refrained from hearing the challenge to this provision and disposed of the plea by giving protection to the couple.<\/p>\n
According to one of the complainants, Gaurav, who works in a packaging company, he did not know the minimum age for marriage for men. He had known Rakhi, who studies in class 12, for three years.<\/p>\n
They had decided to marry a long time ago.<\/p>\n
After their wedding, they stayed at Gaurav\u2019s relative\u2019s house as Rakhi\u2019s family had filed a case of kidnapping against him. Both of them returned home on Tuesday after the orders of the court.<\/p>\n
Speaking to Hindustan Times, Gaurav said that things have normalised after the directives of the court.<\/p>\n
\u201cEven though my family had agreed to the marriage, Rakhi\u2019s family filed a case of kidnapping against me. However, they have agreed to the alliance and have taken the complaint back,\u201d he said.<\/p>\n
The court left it to advocate Mishra to file a separate petition challenging the minimum age limit for marriage.<\/p>\n