The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala dismissed the Public Interest Litigation filed by one Nathalal Chitroda who had challenged the legal provision that allowed a girl to marry at the age of 18 but a boy could marry only at the age of 21.
"If both male and female become eligible to vote at the age of 18, why should there be difference in their marriageable age," argued Chitroda, who had filed and appeared for this PIL as party-in-person.
Rejecting his claim, the Court today held that it could not interfere in the domain of legislation.
"This court doesn't have powers to decide or change the age limit for marriage as this is purely a legislative domain in which this court can't interfere," said the court.
Petitioner, a bank employee from Rajkot, had also claimed that he filed the PIL as boys (those below 21) could not engage themselves into wedlock owing to 'discrimination' in the marriageable age.
But the court also rejected this contention of discrimination.
"Petitioner has failed to prove his contention of discrimination and court believes that different limit of age to marry can not be termed discriminatory," the bench said.
