ISSUE:
What is the legal status of marriage in contravention of legally prescribed age?
Whether on account of minority of spouse, the marriage entered into is illegal and void ab initio
Whether young girls, who get married and have reached the age of discretion but not attained the age of majority can be sent in a protective custody to a remand home against their will?
RULE:
A marriage solemnized in contradiction of the age said in Section 5 (iii) of The Hindu Marriage Act, 1955, with respect to the age restriction, made it only culpable under Section 18 and the marriage solemnized would stay valid, enforceable, and recognizable in Courts of law.
There was no procurement of law, which allowed minors to be kept in protective homes against their want. Regardless of the possibility that the minor was about 15 years of age, her wishes ought to be determined before putting her in the authority of any individual or institution.
The powers under Articles 226 and 227 are wide and comprehensive subject to self- imposed restrictions.