Summary
Transfer petitions under Article 139A(1) of the Constitution sought to bring to the Supreme Court two writ petitions, pending in the Delhi and Rajasthan High Courts, on whether the minimum age of marriage for men and women should be uniform across different laws. The respondents stated that the Rajasthan petition had already been dismissed for want of prosecution. In view of that, the Court transferred only the Delhi High Court writ petition to itself and disposed of the transfer petitions. The order decides no question on the merits of the challenge.
Issues
- Whether writ petitions pending in the Delhi and Rajasthan High Courts raising the issue of uniformity in the minimum age of marriage for men and women should be transferred to the Supreme Court.
Provisions considered
- Article 139A(1), Constitution of IndiaThe power to withdraw cases to the Supreme Court was exercised to transfer the writ petition still pending in the Delhi High Court. (¶¶ 1, 4)
Held
- Since the Rajasthan High Court petition (CW/13784/2019) had been dismissed for want of prosecution, only W.P. (C) No. 8905 of 2019 pending before the Delhi High Court is transferred to the Supreme Court. (¶¶ 2, 3, 4)
Result
Transfer Petition (Civil) Nos. 1249-1250 of 2020 disposed of by transferring W.P. (C) No. 8905 of 2019 from the Delhi High Court to the Supreme Court.