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High Court of Andhra Pradesh · body

2026 DAILYLAW 2538 (AP)

D VASU v. The State of Andhra Pradesh,

WP/10730/2026 · 2026-05-04

Venkateswarlu Nimmagadda

body2026

Judgment text

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.10730 OF 2026 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner’s representation/complaint dated 18.02.2026 and 23.02.2026 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the 2nd and 3rd respondents to rescue the minor girl and initiate criminal action against the parties involved in the marriage and on the tampering of Aadhaar records” 2. It is alleged that, a girl named Savireddygari Nandini aged approximately 17 years was married to one Jagadeeshwara Reddy. The marriage took place on 22.02.2026 at Marrikunta Village, Betamcherla Mandal, Nandyal District. As per original Aadhar Records, the date of birth of the minor girl is 17.03.2009, as such, as on the date of marriage, she is only 16 years and 11 2 NV,J WP No.10730 of 2026 months old, clearly a minor under the Prohibition of Child Marriage Act, 2006. But, the parents of the bride child altered the aadhar records by falsely entering the date of birth as 24.12.2007 and increased her age with an intention to make her as major to eligible for marriage. The petitioner being a resident of the said village, with a good intention, lodged complaint on 18.02.2026 and subsequent e-mails dated 23.02.2026 seeking intervention of the respondents to stop the child marriage, but no action has been taken to rescue the child or initiate criminal proceedings. The failure of the respondents to consider the representation of the petitioner under the Prohibition of Child Marriage Act, 2006 and G.O.Ms.No.39 Department for Women, Children, Differently Abled & Senior Citizens (Prog.II) dated 15.09.2023 is questioned in the present writ petition. 3. During hearing, Sri P. Pavan Chowdary, representing learned counsel for the petitioner, submits that, despite prior complaint on the intimation to the concerned authorities, the marriage of the minor girl had already been performed on 22.02.2026 and the minor girl was allegedly subjected to the marriage against her will. He also made a serious allegation that the date of birth of the girl in her Aadhar Card was altered or manipulated to falsely depict 3 NV,J WP No.10730 of 2026 her as major with the intention of a wedding legal scrutiny and facilitating the illegal marriage. He submits that, such tampering of official records, if true, constitutes a grave offence under law and the inaction of the respondents, despite receiving notice/information, has resulted in the completion of an unlawful child marriage. 4. On the other hand, learned Government Pleader for Women & Child Welfare, furnished written instructions issued by the District Women & Child Welfare & Empowerment Officer, Nandyal District dated – NIL- , wherein it is stated that, upon receipt of the petition through the Child Helpline on 18.02.2026, the Village Level Committee visited the minor girl/bride on 20.02.2026, counseled her and her parents, and explained the legal and penal consequences of child marriage. An undertaking was also obtained from the girl/bride and her parents that no marriage would be performed until she attained 18 years of age. Therefore, the allegation that the representations dated 18.02.2026 and 23.02.2026 was not considered is incorrect. Despite such counseling, the parents performed the marriage of the minor girl, aged about 17 years, with Jagadeeshwar Reddy on 22.02.2026. The Village Level Committee objected to the marriage; however, the parents produced a 4 NV,J WP No.10730 of 2026 tampered Aadhaar Card showing the girl’s date of birth as 24.12.2007 instead of her actual date of birth, i.e., 17.03.2009, as recorded in the Birth Certificate. At the time of marriage, the girl was aged 16 years and 11 months. Despite objections from village elders and other influential persons, the marriage was conducted and thereafter the parties absconded from the village. The girl was studying Intermediate First Year at a college in Banganapalli. After the marriage, she attended college to appear for examinations. With police assistance, the authorities secured the girl and produced her before the Child Welfare Committee. After counseling and interaction, the Committee placed her in One Stop Centre (OSC) for temporary care and protection, subject to periodic review. Thereafter, considering her examinations and her willingness to stay with her parents, the Child Welfare Committee permitted her to accompany them while continuing supervision. On subsequent review dates, the Committee repeatedly counseled the girl and her parents and specifically directed them not to encourage marital life or maintain contact with the groom until she attained 18 years of age. When the Village Level Committee officials later proceeded to take further action, the parents and guardians of both parties had absconded to evade the authorities. The Panchayat Secretary and Village Revenue Officer informed the concerned police station and requested 5 NV,J WP No.10730 of 2026 initiation of appropriate legal action, as such, the respondents have taken all required steps to stop the child marriage and requested to dismiss the writ petition. 5. Heard the learned counsel appearing for the parties and perused the material placed on record. 6. The grievance of the petitioner is that the respondent authorities failed to take effective steps to prevent the child marriage of the minor girl despite receipt of the representations dated 18.02.2026 and 23.02.2026. However, the record clearly discloses otherwise. 7. Immediately upon receipt of information through the Child Helpline on 18.02.2026, the Village Level Committee visited the residence of the minor girl on 20.02.2026, counseled the girl and her parents regarding the illegality and penal consequences of child marriage, and obtained an undertaking that no marriage would be performed until she attained 18 years of age. Therefore, the contention that the authorities failed to act on the complaint is incorrect and liable to be rejected. 6 NV,J WP No.10730 of 2026 8. Despite repeated counseling and objections by the authorities, the parents solemnized the marriage of the minor girl with Jagadeeshwar Reddy on 22.02.2026 irregularly and contrary to their own undertaking. The Village Level Committee attempted to prevent the marriage with the assistance of village elders and influential persons. However, the parents produced a tampered Aadhaar Card showing the date of birth as 24.12.2007, whereas the Birth Certificate reflected the actual date of birth as 17.03.2009, establishing that the girl was only 16 years and 11 months old at the time of marriage. Thereafter, the parties absconded from the village, thereby deliberately evading lawful intervention is another type of hurdle or social evil to prevent the child marriage effectively, but certainly the said marriage is to be voidable marriage. 9. The authorities did not remain passive even thereafter. When the girl attended examinations at Banganapalli, the authorities, with police assistance, secured the minor girl and produced her before the Child Welfare Committee. The Committee counseled the girl regarding the harmful consequences of child marriage and placed her in the One Stop Centre (OSC) for temporary care and protection. The Committee thereafter conducted continuous supervision, summoned the girl and her parents from time to time, and repeatedly directed them not to encourage any marital relationship or contact 7 NV,J WP No.10730 of 2026 with the groom until the girl attained majority. The scheme of Act, particularly Section 3 of the Act envisages that the contracting parties and who was a child should file petition before the District Collector for declaration as voidable marriage and for annulment of the marriage. 10. The material on record establishes that the respondent authorities acted promptly, diligently, and continuously at every stage by responding immediately to the complaint, conducting counseling and awareness programmes, obtaining undertakings, attempting to prevent the marriage, coordinating with the police, producing the child before the Child Welfare Committee, ensuring temporary protective custody, conducting periodic supervision, and initiating legal action after the parties absconded. Moreover, child marriages to be voidable at the option of contracting party being a child, it is appropriate to extract Section 3 of the Act as under: 3. Child marriages to be voidable at the option of contracting party being a child. Child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district 8 NV,J WP No.10730 of 2026 court only by a contracting party to the marriage who was a child at the time of the marriage. (2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer. (3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority. (4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money: Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed. 11. Merely because the marriage was ultimately performed despite such intervention cannot lead to an inference of inaction or negligence on the part of the respondents, particularly when the parents disturbed the preventive measures by fabricating records and evading supervision. As per Section 3 of the Act, the authorities are not empowered to get declare as nullity or voidable marriage. 9 NV,J WP No.10730 of 2026 12. Accordingly, this Court is satisfied that the respondents took all reasonable and lawful measures to prevent and prohibit child marriages and to secure the welfare and protection of the minor girl. No dereliction, or negligence can therefore be attributed to the respondent authorities. The allegations made by the petitioner are devoid of merit and are accordingly rejected. 13. However, the learned Government Pleader submitted that Respondent Nos.3, 5 & 7 shall continue to take all necessary and appropriate steps to ensure the protection, welfare, and safety of the minor girl in all respects. 14. In view of the undertaking and assurance given by the learned Government Pleader on behalf of Respondent Nos.3, 5, and 7, this Court is inclined to direct Respondent Nos.4, 5, 7, and 8 are directed to strictly adhere to the Rules and implement the guidelines issued in G.O.Ms.No.39 dated 15.09.2023, relating to the Standard Operating Procedure and strategy formulated for prevention of child marriages in the State of Andhra Pradesh, for effective implementation of the provisions of the Prohibition of Child Marriages Act, 2006 and Andhra Pradesh Prohibition of Child Marriages Rules, 2023, for prevention of child marriages. 10 NV,J WP No.10730 of 2026 15. With the above direction, writ petition is disposed of. No costs. 16. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 05.05.2026 SP