The Supreme Court has agreed to examine a crucial issue under the Prohibition of Child Marriage Act (PCMA), particularly concerning the conflicting age thresholds for marriage and annulment, especially in relation to males.

The case comes after a woman challenged an Allahabad High Court ruling that allowed her marriage to be annulled, despite her husband's petition being filed beyond the legally prescribed time limit.

At the heart of the issue is Section 3 of the PCMA, which provides for the annulment of child marriages, subject to specific timelines for filing a petition. According to the current law, a child marriage is not automatically void but may be annulled at the minor spouse's discretion within two years after reaching the age of majority. For females, this age is 20, while for males, the law is more complicated due to discrepancies in the legal age for adulthood and marriage. Males are considered adults at 18 but are only permitted to marry at 21.

In this case, the woman’s marriage, which took place in 2004 when she was 9 and her husband was 12, came under scrutiny when her husband filed for divorce in 2013 and later sought annulment under the PCMA. The Allahabad High Court ruled in favor of the annulment, asserting that the husband, having turned 21, was still within the legal window to file the petition.

However, the woman argues that this interpretation misapplies the law and extends the window for annulment beyond what the legislation intended. She contends that the High Court’s judgment wrongly extends the period for filing a petition up to the age of 23 for males, which conflicts with the purpose of the law, constitutional principles, and the protective intent of the PCMA. 

The woman further argues that the High Court failed to distinguish between the legal capacity to marry and the capacity to initiate legal proceedings. She points out that her husband filed for annulment well after reaching the age of majority, making his petition beyond the permissible period under the PCMA. “The respondent, having attained majority on August 7, 2010, filed the annulment petition on July 5, 2013, well beyond the limitation period prescribed under the PCM Act," the woman stated in her plea.

A Supreme Court bench, consisting of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah, has issued a notice to the husband and will now review the case's legal implications. The outcome of this case could significantly affect the interpretation of the PCMA, especially in cases where the age of majority for males conflicts with the legal age for marriage, potentially sparking broader discussions on how child marriage laws should safeguard minors in contemporary society.