By Varna Srinivasan  

It was debated if the age of majority for male applicants should be at the age of 18 or at the age of 21 to trigger the limitation period for annulments. The law dictates a period of limitations upto 2 years after one attains majority till when a child marriage can be annulled by either party. In this case, the husband, who was 12 at the time of the marriage, filed an annulment petition when he was 23 years old. The wife contested the order in furtherance to said petition, that declared the marriage void on the grounds that the limitation period had been exhausted by the time the remedy was sought.  

The Supreme Court allows the wife’s submission as they felt limiting the limitation period for women until they turn 20 (majority at 18), while allowing men to opt till they turn 23 years old was absurd and a violation of the right to equality and therefore, the age of majority for both men and women with respect to the Prohibition of Child Marriages, 2006, must be when they turn 18 years old.  

Thus, the Supreme Court’s ruling reinforces the principle of gender equality by ensuring that the limitation period for annulment of child marriages remains uniform for both men and women. By clarifying that the age of majority, for the purposes of the Prohibition of Child Marriage Act, 2006, is 18 for all individuals, the Court eliminates arbitrary distinctions that could lead to discriminatory consequences. This judgment not only upholds the constitutional right to equality but also strengthens the legal framework protecting individuals from the lasting consequences of child marriage, ensuring a more just and equitable application of the law. 

[Case Name: Guddan@ Usha v. Sanjay Chudhary]