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The Allahabad High Court annulled a marriage in Sanjay Chaudhary v. Guddan (2024), where the man married at 12 and the woman at 9.
The man filed for annulment under Section 3 of the Prohibition of Child Marriage Act (PCMA), 2006, which allows annulment of child marriages if filed within two years of attaining majority (18 for women, 21 for men).
Gender Age Differences in Marriage
The PCMA defines a "child" as a girl under 18 and a boy under 21.
The Majority Act defines adulthood as 18 for both genders, creating a gender disparity in annulment rights.
The Madras High Court allowed men to annul marriages at 23, but the Allahabad High Court disagreed, stating men above 18 are accountable for marrying a female child.
Legal Implications and Gender Equality
The Allahabad High Court disagreed with the Supreme Court's 2017 ruling that allowed men to annul marriages at 23.
The court emphasized that granting men more time than women to annul marriages creates an unfair gender imbalance.
This raises concerns about the effectiveness of the PCMA in protecting women's rights and advancing gender equality.
The Need for Uniform Marriage Laws
Raising the marriage age to 21, as proposed in the Prohibition of Child Marriage (Amendment) Bill, 2021, could further limit women’s autonomy and rights.
Studies show many child marriages are self-initiated, and increasing the age could lead to more legal and social challenges.
A uniform marriage age of 18 for both genders should be established, ensuring fairness and the protection of women's rights under the PCMA.
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