The High Court approved the divorce petition of the couple, resident of Ludhiana.
The Punjab-Haryana High Court, while delivering its judgment on a petition related to divorce, clarified that a marriage solemnized before the minimum age of marriage is valid after attaining the prescribed age. It deserves to be illegal, but it needs to be declared illegal by law.
A different case of its kind has reached the Punjab-Haryana High Court. In this case, the family court of Ludhiana refused to order divorce, declaring the marriage held in 2009 invalid.
The Ludhiana court held that the age of the wife was 17 years at the time of marriage, so the marriage was not valid. Despite being an 11-year-old child, the couple, upset by such an order, approached the High Court.
The High Court said that the decision of the Ludhiana court in this matter is not correct. According to the Hindu Marriage Act, a marriage performed before the marriageable age is avoidable, but it is mandatory to apply under the Child Marriage Act.
If it has not been declared invalid then the marriage is fully valid after completing the minimum age for marriage. Allowing the appeal of the couple, the High Court set aside the order of the Ludhiana Family Court.