“Child Marriages Increasing Day by Day”: Allahabad High Court Pulls Up UP Police

The Allahabad High Court recently observed that child marriages are increasing “day by day” in Uttar Pradesh because police authorities routinely fail to invoke provisions of the Prohibition of Child Marriage Act, 2006 against persons responsible for solemnising or facilitating such marriages.

Saying eradication of child marriage is “not merely statutory goal, it is a constitutional imperative”, the court held that investigating agencies generally invoke kidnapping and POCSO provisions in cases involving minor girls but ignore Sections 10 and 11 of the Prohibition of Child Marriage Act, which specifically criminalise conducting, promoting or permitting child marriages.

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A division bench of Justice Rajiv Gupta and Justice Dr Ajay Kumar-II made the observations while dismissing a petition filed by Chahat Ansari and others seeking quashing of an FIR lodged in Deoria district over allegations that a minor girl had been enticed away and married.

Court directed the Director General of Police, Uttar Pradesh, to issue instructions and circulars to all police commissioners and district police chiefs to ensure proceedings under Sections 10 and 11 of the Prohibition of Child Marriage Act are initiated whenever child marriages come to light during complaints or investigations.

The child marriage case from Deoria

The FIR was registered at Mahuwadeeh police station in Deoria on allegations by the girl’s mother that her daughter, aged about 15 years and studying in Class IX, had been lured away by petitioner no.2 Azad Ansari for marriage purposes. The FIR alleged that the girl also left home carrying jewellery and Rs 20,000 cash.

The petitioners argued before the court that the girl had voluntarily married petitioner no.2 according to Muslim rites on March 9, 2026 and was residing with him out of her own free will. They contended that the FIR was false and lodged because the family opposed the marriage.

The State opposed the plea, contending that school records showed the girl was born on August 30, 2011 and was therefore only around 14 years and 7 months old at the time of registration of the FIR.

Why did the court refuse to quash the FIR?

The bench said documentary evidence, including school records and statements of the school principal, established that the girl was a minor. Court also noted that the Child Welfare Committee had already found the girl to be a juvenile and handed over her custody to her mother.

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Referring to the girl’s statements recorded during investigation, court said she had admitted leaving home after speaking to petitioner no.2 over the phone and thereafter travelling with him to Gorakhpur and Deoria. According to the bench, this disclosed an “element of persuasion” by the accused, making out prima facie offences of kidnapping and inducement.

Court held that since the girl was below 15 years of age, her consent was legally immaterial. It further observed that both her alleged earlier marriage and subsequent marriage with petitioner no.2 were prima facie child marriages punishable under the Prohibition of Child Marriage Act.

Growing problem of child marriages

The bench said courts regularly come across cases where minor girls elope and later it emerges during investigation that child marriages had been solemnised, but investigating officers rarely invoke penal provisions under the Prohibition of Child Marriage Act against persons conducting or facilitating such marriages.

Court observed that because no effective action is taken against facilitators of child marriage, “such instances of child marriage, are increasing day by day.”

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It further noted that religious and social organisations often take shelter behind Aadhaar cards or affidavits claiming that the girl is major, despite settled law that Aadhaar is not conclusive proof of age. “An affidavit sworn by such minor girl child that she is major, cannot make such a girl child a major one,” court observed.

"We are of the considered opinion that no such illegal child marriage can be solemnized by any religious or social organization in the absence of clear cut proof of age of such a minor girl child," court added.

The bench said strict action against all persons involved in solemnising child marriages was necessary if the “social evil” was to be eradicated. "Now a high time has come that some suitable directions be issued to the Director General of Police of the State of Uttar Pradesh to ensure prosecution of all those, who are guilty of child marriages under Sections 10 and 11 of the Prohibition of Child Marriage Act," said the bench and issued directions. 

Case Title: Chahat Ansari and 2 Others vs State of U.P. and 3 Others

Bench: Justice Rajiv Gupta and Justice Dr Ajay Kumar-II

Order Date: May 13, 2026