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