Kirti Goel, OP Jindal Global University
INTRODUCTION
Personal laws present an overlap between the ancient religious texts and contemporary legal jurisprudence. Eminent scholars, the media, academic students and the larger public for long have been dissecting this overlap. In such discussions arises multiple differing opinions and grounds for disagreement. One such discussion is surrounding the validity of child marriage. Child marriage being a grave human rights violation is yet rampantly widespread across India. According to the surveys conducted by National Family Health Survey and District Level Household and Facility Survey, roughly, twenty-three million Indian girls are subjected to the horrors of child marriage.1 Despite, the countries average growth rate of 8% a year, the decrease in child marriage is still below 1% a year.2 In the age gap of twenty to twenty five, one in every two women is found a victim of it and its prevalence increases as you move towards the disadvantaged groups, the poorest among the poor families and in rural areas.3 Considering this, a three-judge bench in the case of P. Venkataramana & Anr. v. State4 discussed the validity of a Hindu marriage solemnized in violation of Clause (iii) of Section 55 of the Hindu Marriage Act, 19556 and adjudged that a marriage in contravention of Section 5(iii) is neither void nor voidable. A closer reading of the bench’s decision reveals certain issues with the argumentation adopted by the judges.
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