Pen.bw (engineer) 15 January 2014

Marriage at age of 17yrs 11 months

Dear All,

At the time of marriage my wife's age was 17 yrs 10 months and 24 days (on the day of marriage).But they mentioned that she has completed 18 years by showing 10th class certificate.Recently I found out in Birth Certificate website that she was 17 yrs 10 months and 24 days at time of marriage.

Can the wedding be made void from the husband. Husband staying abroad and has sent all the visa documents needed to apply for visa but due to some arguments with there parents and husband parents things are not going fine and wife is not willing to join the husband.Marriage happened in August 2010 and girl was staying in there parents house from 4 years and husband used to visit every six months since wife was studying and husband supported the girl to complete her studies .But now he thought of getting together and stay away from both families.But wife not willing to come and its reached a point where husband wants to apply for divorce.

Based on the age can the husband make the marriage void.

Regards

pen

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Pen.bw (engineer) 15 January 2014

To Add some more Husband also took a flat on the wife name and also has started a business on the wife name and all the documents are on wife name.But loan for both are being paid by husband.Monthly also he sends money of 4000 for expenses to the wife.

(Guest)

You are looking for a short route to get away from your wife.Now the reasons stated by you are not valid.Apply for a proper divorce.Basing on the reasons given by you it could turn against you for marrying a minor girl

isha bhardwaj (intern) 16 January 2014

Dear, as per your query it is right that the child marriage is not legal it is voidable if the marriage has solemnized when the boy has not attained the age of 21 years and the girl has not attained the age of 18 years. But in your case the marriage has already been solemenized 4years before so according to one of the judgment of Delhi High Court you cannot make the marriage void. This marriage is valid marriage.
The court took the view that Section 3 of Prohibition of Child Marriage Act, 2006 would have overriding effect over the Hindu Marriage Act and the marriage with a minor child would not be valid but voidable and would become valid if within two years from the date of attaining 18 years in the case of female and 21 years in the case of male, a petition is not filed before the District Court under section 3 [1] of the Prohibition of Child Marriage Act, 2006 for annulling the marriage. Similarly, after attaining eighteen years of age in the case of female, or twenty one years of age in the case of a male, the marriage shall become a full-fledged valid marriage. Until such an event of acceptance of the marriage or lapse of limitation period, the marriage shall continue to remain as a voidable marriage. [Para 21] – If the marriage is annulled as per Section 3[1] of the Prohibition of Child Marriage Act, 2006, the same shall take effect from the date of marriage and, in such an event, in the eye of law there shall be no marriage at all between the parties at any point of time.
Regards

Isha Bhardwaj

lawkonect.com

09555507507

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