Prema Kumari v. M. Palani
Madras High CourtMANU/TN/4777/2011Bench: J. K. Chandru
The Madras High Court held that under the Prohibition of Child Marriage Act, 2006, a marriage solemnised when either party is a minor is voidable (not void ab initio). The child party has the right to repudiate the marriage before the age of 20 years by filing a petition. No court can compel a minor to live with a husband or return to a marital home against her will — this would violate Article 21 (right to life and personal liberty). The child's best interests and safety override the marital claim. The petition by the husband for the wife's return was dismissed.