Question

Principle: The court has the power to issue an injunction to prohibit a child's marriage from being performed.
Factual Situation: A marriage is performed between A and B. A is of 14 years of age and B of 17 years of age. X is a public-spirited person who filed a suit to declare the said marriage void. 15 the suit maintainable?
DECISION:

Options

• No, because the court has the power to issue an injunction and not to declare the marriage as valid and void

• No, because the marriage is performed with the consent of their parents

• Yes, because the policy of the law is to prevent child marriages

• None of the above

Answer 1

Yes, because the policy of the law is to prevent child marriages

Explanation:

Option 'Yes, because the policy of the law is to prevent child marriages' is correct as the main purpose behind the power given to the court to issue an injunction to prohibit child marriage from being performed is to prevent and stop child marriages. Option 'No, because the court has the power to issue an injunction and not to declare the marriage as valid and void' is not correct as the whole motive of power given to the court will be lost. Child marriages are illegal from the very inception so there is no question of their validity. Option 'No, because the marriage is performed with the consent of their parents' is incorrect because child marriages are illegal whether or not performed with the consent of parents. Option `None of the above` is not applicable.