Divorce
Ankita
(Querist) 08 July 2013
This query is : Resolved
one of my friend married before age of 21 yrs.with 16 yrs.old girl because of family pressure he doesn't like that girl but now he want divorce from that girl after maturity of age it is possible.
Advocate M.Bhadra
(Expert) 08 July 2013
The marriage is void ,no need to divorce.
Under the Prohibition of Child Marriages Act, whoever performs, conducts, directs or abets any child marriage is punishable with rigorous imprisonment up to two years and fine which may extend to one lakh rupees.
The Child Marriage Act prevents marriage of girls and boys below 18 year and 21 years respectively, sections 5 and 11 of the Hindu Marriage Act does not authorise the court to declare the marriage void on the ground that either of the party is under-age.
Section 5 in The Hindu Marriage Act, 1955
5. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage
(ii) 1[ at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;]
(iii) the bridegroom has completed the age of 2[ twenty- one years] and the bride the age of 2[ eighteen years] at the time of the marriage; (iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
Section 11 in The Hindu Marriage Act, 1955
11. Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 4[ against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
Devajyoti Barman
(Expert) 08 July 2013
Under age is not void though liable for cancellation by the girl on attaining age.'She can file case for nullity.
Raj Kumar Makkad
(Expert) 10 July 2013
Even husband can also get a decree from family court nullifying such marriage.
Ankita
(Querist) 11 July 2013
i want to ask one more question - if a man is already married and he has not taken divorce till now but he dont want to live with her wife they dont have contanct from last one year and he love to other girl they are in living relation so what are the consequences or legal actions...
Sudhir Kumar, Advocate
(Expert) 28 September 2013
repeated query
http://www.lawyersclubindia.com/experts/Divorce-424671.asp
