BHAGWATI @ REENA versus ANIL CHOUBEY

BHAGWATI @ REENA versus ANIL CHOUBEY

Section 12(1)(c) stipulates only the minor spouse at the time of marriage has the right to seek annulment; since respondent-husband was major, he could not seek annulment on this ground. The High Court erred in relying primarily upon age of the wife and not the core issue of fraud/coercion. Matter remanded for fresh consideration.

Parties
Appellant/wife: Bhagwati @ Reena; Respondent/husband: Anil Choubey
Jurisdiction
India
Judgment Date
01 March 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal disposed of. Matter remanded to the High Court for fresh consideration. No order as to costs.
Legal Topics
Annulment of Marriage, Child Marriage, Consent, Fraud, Coercion
Family Law Annulment of Marriage Child Marriage Consent Fraud Coercion

Case Brief

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Parties

Bhagwati @ Reena

Appellant/wife

Anil Choubey

Respondent/husband

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the marriage between appellant/wife and respondent/husband was void ab initio on account of appellant being a minor at the time of marriage
  2. 2 Whether only a minor spouse can seek annulment under section 12(1)(c) of the Hindu Marriage Act, 1955
  3. 3 Whether the marriage was performed under force or coercion

Ratio Decidendi

Section 12(1)(c) stipulates only the minor spouse at the time of marriage has the right to seek annulment; since respondent-husband was major, he could not seek annulment on this ground. The High Court erred in relying primarily upon age of the wife and not the core issue of fraud/coercion. Matter remanded for fresh consideration.

Court Disposition

Appeal disposed of. Matter remanded to the High Court for fresh consideration. No order as to costs.

Orders

  • Matter remanded to High Court for fresh consideration in accordance with law.
  • High Court to dispose of appeal expeditiously.