Indian Court: Child Marriage Ban Overrides Hindu Marriage Law

In Devi v. State, (Delhi H.C., July 27, 2012), a 3-judge panel of the Delhi High Court at New Delhi, India ruled that the Prohibition of Child Marriage Act takes precedence over the Hindu Marriage Act.  A Hindu marriage contracted with a female under 18 or a male under 21 is voidable at the option of the spouse who was a child at the time of the marriage, even though the marriage is not voidable under the Hindu Marriage Act. The Hindustan Times, reporting on the decision, says that it will also impact Muslim marriages. Under the Muslim Personal Law, the minimum age for marriage of either boys or girls is 15.