Wife minor (17 years) marriage divorce decree
kashyap
(Querist) 27 April 2015
This query is : Resolved
Dear Senior
an family dispute both parties did amicable settle Rs.2,00,000/- and paid by husband. but at the time of passing divorce decree judge revealed the fact that wife is minor (17 years) at the time of marriage by school certificate of wife.
can husband plea for judge to return settle Rs.2,00,000/- at this circumstance or file criminal case against wife or her parents because marriage had solemnized by parents.
second question can judge pass the valid divorce decree in this stage.
third question if judge pass the divorce decree which he will void, voidable or valid marriage decree.
this question for maintenance if judge pass the valid marriage decree than wife certainly claim for maintenance.
this is unique and technical question all respected seniors
please provide any supreme court judgement so that i can assist to my little brother he is going on metal as well physical agony.
one more fact wife last month has got married her deceased sister's husband.
so please help us.
Thanks & Regards
Kashyap
SAINATH DEVALLA
(Expert) 27 April 2015
Were U not aware of her age when the marriage was performed? How come U came to know of her age at the time of marriage was 17 yrs after U have given an amount of 2,00,000?
kashyap
(Querist) 27 April 2015
yes sir
we were ignorance.
Guest
(Expert) 27 April 2015
Ignorance is bliss. Forget that. If you take up the case of return of Rs.2,00,000 then your parents should be prepared to face the brunt of law for marrying you with a minor girl. So, don't try to open pandora box of troubles for you and your family by denying or challenging maintenance.
Maintenance of divorced wife becomes your liability, irrespective of the fact she was minor at the time of marriage, but marriage took place that fact cannot be ignored..
Sudhir Kumar, Advocate
(Expert) 28 April 2015
criminal cases need to register against husband and his family as well (all those male/female, married/unmarried, firends/relatives who participated in the marriage).
SAINATH DEVALLA
(Expert) 28 April 2015
U can't feign ignorance at this stage.Better settle everything in a compromising manner or else all the elders of both the families will be in a soup.Whether U were aware of her age or not at the time of marriage is immaterial now.
Devajyoti Barman
(Expert) 28 April 2015
Minority of a girl child does not make the marriage invalid and hence the court can pass a decree of divorce.
However of the decree is not passed, the court can not direct to return your 2 lakh.
Rajendra K Goyal
(Expert) 28 April 2015
Husband married minor girl, he is equally responsible for this. It is advisable to have amicable settlement.
P. Venu
(Expert) 28 April 2015
Age of the bride at the time of marriage has no material bearing to the issues that has arisen subsequently.
malipeddi jaggarao
(Expert) 28 April 2015
Marriage once solemnized cannot be nullified on the basis of minor status of one of the spouses/both spouses. Hence your thinking to take advantage of her status of minor at the time of marriage is of no help to you. Apart from, you and your family members will also be taken into task under IPC. It will not prevent the judge to pass the orders. Simply forget about minor or major at this stage. It will land you into more troubles.
Sudhir Kumar, Advocate
(Expert) 28 April 2015
In case the husband believe that she was not legally wedded and under age and he cohabited with her (convincing the minor girl to be his legally wedded wife) then in addition to other charges he is also liable charge of rape in addition to other charges and his family members (each one who went in barat for free meals) can be fixed as abettor
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
If you were confirmed about her age being minor nothing would have stopped you from filing a petition for annulment of marriage, what is your lawyer's opinion.
SAINATH DEVALLA
(Expert) 06 May 2015
Dear querist u have been advised adequately by all the experts who have responded to UR problem.Now it for UR local lawyer to save U out in the court,hence act according to the lawyer and fight the case on merits.
