Supreme Court of India

ASHWINI KUMAR UPADHYAY ETC versus UNION OF INDIA AND OTHERS on 13 January 2023

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SUPREME COURT REPORTS

[2023] 3 S.C.R.

AASHWINI KUMAR UPADHYAY ETC.

v.

UNION OF INDIA AND OTHERS

Transfer Petition (Civil) Nos 1249-1250 Of 2020

BJANUARY13, 2023

[DR. DHANANJAYA Y CHANDRACHUD, CJI ANDPAMIDIGHANTAM SRI NARASIMHA, J.]

Transfer Petition – Matters pertaining to uniformity in theminimum age of marriage for men and women in diverse legislationsC– WP (C) No. 8905 of 2019 pending before the Delhi High Courttransferred to Supreme Court.

CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil)Nos.1249-1250 of 2020.

Transfer Petition Under Article 139A (1) of the Constitution readwith Order XLI of the Supreme Court Rules 2013, Seeking Transfer ofWrit Petition (Civil) No.8905 of 2019 pending in the Delhi High Courtand D.B. Civil Writ Petition No.13784 of 2019 pending in the High Courtof Judicature for Rajasthan, Jodhpur.

D

Rajshekhar Rao, Sr. Adv. (Amicus Curiae), Areeb Amanullah,Ms. Mansi Sood, Ms. Zehra Khan, Advs.

E

Tushar Mehta, SG, Suryaprakash V Raju, A.S.G., Ms. SoniaMathur, Dr. Manish Singhvi, Sr. Advs., Mrs. Swarupama Chaturvedi,Shilp Agrawal, Ms. Saumya Kapoor, Ms. Rashmi Singhania, Ms. AnkitaChaudhary, Praneet Pranav, Ms. Vandana Sharma, Rajat Nair, Mrs.FRooh E Hina Dua, Digvijay Dam, Arvind Kumar Sharma, GurmeetSingh Makker, Rooh E Hind Dua, Pratyush Srivastva, Ashok Basoya,Sandeep Kumar Jha, Arpit Prakash, Vikalp Sharma, Gaurav Agrawal,Advs. for the appearing parties.

Ashwani Kumar Dubey, Petitioner-in-personGThe following Order of the Court was passed :

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O R D E R

1. The petitioners seek the transfer of WP (C) No 8905 of 2019pending before the Delhi High Court and CW/13784/2019 pending beforethe Rajasthan High Court to this Court.H

ASHWINI KUMAR UPADHYAY ETC. v. UNION OF INDIAAND OTHERS

2. The issue which is raised in the main proceedings pertains touniformity in the minimum age of marriage for men and women in diverselegislations.

3. Dr Manish Singhvi, senior counsel appearing on behalf of therespondents states that CW/13784/2019 has been dismissed for want ofprosecution by the Rajasthan High Court.

4. In this backdrop, we dispose of the transfer petitions bytransferring WP (C) No 8905 of 2019 pending before the Delhi HighCourt to this Court.

5. Pending applications, if any, stand disposed of.

Divya Pandey

Transfer petitions disposed of.

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