Supreme Court Steps In To Protect Minor Girl Seeking Annulment Of Forced Child Marriage

The Bench of Justice Ujjal Bhuyan and Justice Manmohan directed the Director General of Police, Bihar, and the Commissioner of Delhi Police to ensure adequate protection and safety to the minor and her friend, who have been allegedly fleeing from threats posed by her husband and in-laws.

The Court was hearing a Writ Petition filed through a next friend by the minor girl under Article 32 of the Constitution. The plea narrates a harrowing tale of coercion, confinement, and threats following her forced marriage to a man nearly twice her age.

According to the petition, filed through AoR Vivya Nagpal the girl was married off on December 9, 2024, at the age of 16-and-a-half in Bihar. She alleged that the marriage was forced upon her by her parents and she was immediately sent off to her matrimonial home, despite the fact that her Class X board examinations were approaching.

She claims her in-laws refused to send her back to her parental home, citing the money spent on the wedding and expressing their desire for a child. Her husband, a civil contractor reportedly in his early thirties, allegedly told her that her parents were indebted to him and she had no choice but to remain in the marriage rather than pursue her studies or dream of becoming a teacher or a lawyer.

The plea further alleges that the girl was confined by her father-in-law despite being promised she would be allowed to return home in two days. The continuous coercion and pressure reportedly forced her to escape with a friend, fearing not only for her liberty but also for her life.

“She was not allowed to return to her parental home by her in-laws who claimed to have given and spent a lot of money for the marriage and repeatedly told her they wanted a baby,” the petition reads.

The girl’s plea seeks annulment of her marriage under the Prohibition of Child Marriage Act, 2006, and prosecution of her husband and in-laws under the same statute. Additionally, she has sought directions to the state authorities to ensure her safety and that of her friend, stating they are in hiding and afraid to return to Bihar.

Describing herself as a "hapless victim of child marriage", the petitioner urged the Court to invoke its parens patriae jurisdiction to protect her fundamental rights and future. “She stands forlorn with no help from family and society in her fight to walk out of the abusive child marriage,” the petition states.

Recognising the urgency and gravity of the matter, the Bench not only agreed to entertain the plea but also issued notices to the Bihar government and the girl's husband and in-laws, seeking their responses by July 15.

The Court noted that the petition raises serious concerns regarding the violation of fundamental rights of a minor child, including her right to education, dignity, and liberty under Article 21 of the Constitution.

“This Court directs the Director General of Police, Bihar, and the Commissioner of Police, Delhi, to get in touch with the petitioner and her friend, and provide them with adequate protection,” the Bench said during the hearing.