High CourtDivision BenchTransfer petitions disposed of.

ASHWINI KUMAR UPADHYAY ETC. v. UNION OF INDIA AND OTHERS

Case / Petition Number:Transfer Petition (Civil) Nos 1249-1250 of 2020
Neutral Citation:[2023] 3 S.C.R. 1014

Case Details & Bench

Court
High Court
Hon'ble Judges
  • DR. DHANANJAYA Y CHANDRACHUD, CJI
  • PAMIDIGHANTAM SRI NARASIMHA, J
Judgment Date
2023-01-13
Court Decision / Holding
WP (C) No.8905 of 2019 pending in the Delhi High Court is transferred to the Supreme Court; CW/13784/2019 before the Rajasthan High Court has been disposed of for want of prosecution; pending applications, if any, are disposed of.
Final Disposition
Transfer petitions disposed of.

Parties to the Case

Appellants / Petitioners

  • Ashwini Kumar Upadhyay

Respondents

  • Union of India and Others

Legal Representation & Advocates

Counsels for Petitioners

  • • Ashwani Kumar Dubey (Petitioner-in-person)
  • • Rajshekhar Rao, Sr. Adv. (Amicus Curiae)

Counsels for Respondents

  • • Dr Manish Singhvi, Senior Counsel
  • • Suryaprakash V Raju, A.S.G.
  • • Ms. Sonia Mathur

Case Synopsis & Summary

These transfer petitions concern uniformity in the minimum age of marriage across legislations in India. The petitioners, Ashwini Kumar Upadhyay and others, sought to transfer WP (C) No.8905 of 2019, pending in the Delhi High Court, and CW/13784/2019, pending in the Rajasthan High Court at Jodhpur, to the Supreme Court under Article 139A(1) read with Order XL I of the Supreme Court Rules 2013. The central issue identified by the Court is to achieve uniformity in the legal age of marriage for men and women across diverse legislations—a question with constitutional and social policy dimensions. Counsel for the respondents stated that CW/13784/2019 has been dismissed for want of prosecution by the Rajasthan High Court, indicating a lack of live proceedings in that matter. In this backdrop, the Court disposed of the petitions by transferring WP (C) No.8905/2019 from the Delhi High Court to this Court for consolidated adjudication. Pending applications, if any, were disposed of. The order underscores the Supreme Court’s supervisory role in ensuring uniform legal standards on marriage age across states and centralizes adjudication in a single forum to avoid piecemeal judgments, reflecting the Court’s constitutional mandate to provide uniformity in law where diverse legislations may diverge.

Provisions of Law Cited

Article 139A(1) of the ConstitutionOrder XLI of the Supreme Court Rules, 2013

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants seek transfer of WP (C) No.8905/2019 pending in the Delhi High Court and CW/13784/2019 pending in the Rajasthan High Court to the Supreme Court under Article 139A(1) of the Constitution read with the Supreme Court Rules, with the aim of achieving uniformity in the minimum age of marriage across legislations. The petitioners frame the issue as a broader constitutional question affecting gender equality and social policy, proposing centralized adjudication to harmonize disparate state laws.

Contentions of Respondents

The respondents note that CW/13784/2019 has been dismissed for want of prosecution by the Rajasthan High Court, implying limited live issues in that matter and supporting a streamlined adjudication process before the Supreme Court. The argument suggests avoiding piecemeal or conflicting rulings by transferring the Delhi High Court matter to a single forum for comprehensive consideration.

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Extracted Judgment Text

Exact text extracted from official judgment records.

1014 SUPREME COURT REPORTS [2023] 3 S.C.R. 1014 [2023] 3 S.C.R. A ## ASHWINI KUMAR UPADHYAY ETC. v. ## UNION OF INDIA AND OTHERS Transfer Petition (Civil) Nos 1249-1250 Of 2020 B ## JANUARY13, 2023 ## **[DR. DHANANJAYA Y CHANDRACHUD, CJI AND PAMIDIGHANTAM SRI NARASIMHA, J.]** _Transfer Petition – Matters pertaining to uniformity in the minimum age of marriage for men and women in diverse legislations_ C _– WP (C) No. 8905 of 2019 pending before the Delhi High Court transferred to Supreme Court._ CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil) Nos.1249-1250 of 2020. D Transfer Petition Under Article 139A (1) of the Constitution read with Order XLI of the Supreme Court Rules 2013, Seeking Transfer of Writ Petition (Civil) No.8905 of 2019 pending in the Delhi High Court and D.B. Civil Writ Petition No.13784 of 2019 pending in the High Court of Judicature for Rajasthan, Jodhpur. Rajshekhar Rao, Sr. Adv. (Amicus Curiae), Areeb Amanullah, E Ms. Mansi Sood, Ms. Zehra Khan, Advs. Tushar Mehta, SG, Suryaprakash V Raju, A.S.G., Ms. Sonia Mathur, Dr. Manish Singhvi, Sr. Advs., Mrs. Swarupama Chaturvedi, Shilp Agrawal, Ms. Saumya Kapoor, Ms. Rashmi Singhania, Ms. Ankita Chaudhary, Praneet Pranav, Ms. Vandana Sharma, Rajat Nair, Mrs. F Rooh E Hina Dua, Digvijay Dam, Arvind Kumar Sharma, Gurmeet Singh 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-person G The following Order of the Court was passed : ## **O R D E R** H 1. The petitioners seek the transfer of WP (C) No 8905 of 2019 pending before the Delhi High Court and CW/13784/2019 pending before the Rajasthan High Court to this Court. 1014 ASHWINI KUMAR UPADHYAY ETC. v. UNION OF INDIA 1015 AND OTHERS 2. The issue which is raised in the main proceedings pertains to A uniformity in the minimum age of marriage for men and women in diverse legislations. 3. Dr Manish Singhvi, senior counsel appearing on behalf of the respondents states that CW/13784/2019 has been dismissed for want of prosecution by the Rajasthan High Court. B 4. In this backdrop, we dispose of the transfer petitions by transferring WP (C) No 8905 of 2019 pending before the Delhi High Court to this Court. 5. Pending applications, if any, stand disposed of. C Divya Pandey Transfer petitions disposed of. D E F G H