Case Note & Summary
The Supreme Court of India addressed the transfer petitions filed by the petitioners seeking the transfer of WP (C) No 8905 of 2019 from the Delhi High Court and CW/13784/2019 from the Rajasthan High Court. The core issue raised in these proceedings was the need for uniformity in the minimum age of marriage for men and women across various legislations. During the proceedings, it was noted that the Rajasthan High Court had dismissed CW/13784/2019 for want of prosecution. Consequently, the Supreme Court decided to allow the transfer of the remaining writ petition from the Delhi High Court to itself. The court disposed of the transfer petitions and any pending applications in accordance with the signed order. The matter was scheduled for further listing on February 13, 2023, to continue addressing the legal questions surrounding the minimum age of marriage.
Headnote
A) Civil Procedure - Transfer of Petitions - Transfer of Writ Petition - Transfer of WP (C) No 8905 of 2019 - The court allowed the transfer of the writ petition from the Delhi High Court to the Supreme Court, addressing the need for uniformity in the minimum age of marriage across legislations. The Rajasthan High Court had dismissed the related petition for want of prosecution, which influenced the decision to transfer the remaining petition. Held that the transfer was necessary for a comprehensive resolution of the issue (Paras 1-4).
Issue of Consideration
Whether the transfer of pending writ petitions regarding the minimum age of marriage should be allowed.
Final Decision
The Supreme Court allowed the transfer of WP (C) No 8905 of 2019 from the Delhi High Court to itself, addressing the need for uniformity in the minimum age of marriage. Pending applications were disposed of.
Law Points
- Transfer of petitions
- minimum age of marriage
- uniformity in legislation
