Marriage Consent agreement executed between minors to cohabit with each other, is void and not enforceable in law

The writ of Habeas corpus was filed through the next friend i.e. husband to produce the wife before Court. Application filed basically on the ground that both parties are married and her parents detained her in their house. Marital relation claimed on ground that marriage Consent agreement is executed between them to cohabit with each other.

The girl is of 17 years and 3 months old whereas the boy is less than 21 years, and hence both are incompetent to give consent in law. Object and consideration for agreement are unlawful, hence it is not enforceable in law. Girl and boy had no legal capacity and competence to agree to marry.

Marriage was not solemnized under Hindu Marriage Act or according to law. If entered into a contract on behalf of the lawful authority of a minor, then the only option available is to ratify it on attaining majority.

Allahabad High Court categorically held that when the law expressly declares minor incompetent to contract, the agreement executed between them is void.

Neither date nor place of solemnization of marriage nor date when girl departed alleged matrimonial house for going to parental house is pleaded by them. The only basis of alleging marital relation as well as matrimonial cohabitation is a marriage agreement executed between minors. The High Court held that agreement, being void, cannot be given effect to issue notice, for production of wife in court.

Appearing counsel: Janardan Singh