Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Divorce

(Querist) 23 September 2013 This query is : Resolved 
Actually one of my friend get married in the age of 18 yrs(Bal vivah)at that time age of the girl was 16 yrs.after 6 yrs his parents bring her from her home but my friend never live with her she is living with his parents.From last 1 yr he is not talking with her even he is not in the relation with her now he wants divorce but his family is pressure him not to give divorce and by force they are trying to send that girl for stay with him now what legally he can take action which is favour for him he is in frustration now.please suggest something which he can do for divorce.
prakash vathore (Expert) 23 September 2013
he can file divorce petition on various grounds.
ajay sethi (Expert) 23 September 2013
dont ruin the girl life . you have married her with your parents approval . consummate the relation ship
Ankita (Querist) 23 September 2013
but he didnot want to marry with girl but his parents did forcefully
Rajendra K Goyal (Expert) 23 September 2013
The parents who pressed are at fault and the punishment is being given to that girl. Morally, your friend should have opposed the move of parents initially. Think keeping in himself the frame of that girl.

Legally he can file divorce on many grounds.
Ankita (Querist) 23 September 2013
Sir can you tell me at what basics he can file divorce
P. Venu (Expert) 23 September 2013
Balvivah is not a ground for seeking divorce.
P. Venu (Expert) 23 September 2013
Balvivah is not a ground for seeking divorce.
Mohd Musabbir Ansari (Expert) 23 September 2013
Marriage is voidable at the option of any party. need to worry. your friend may cancel the same as your friend has attained the age of majority.
P. Venu (Expert) 24 September 2013
Such option is no longer available under the laws in force.
Guest (Expert) 24 September 2013
Ms. Ankita,

Are you in favour of divorce between him and his wife of the so called Bal Vivah? If so, why?
Sudhir Kumar, Advocate (Expert) 28 September 2013
Has you friend denounced the marraige immediately or has condoned the matrimonial irregularity?

Sudhir Kumar, Advocate (Expert) 28 September 2013
do'nt you think that an FIR should be registered against your friend under child marriage act?
Sudhir Kumar, Advocate (Expert) 28 September 2013
dont you think that your friend should file a criminal case against his parents to prove that child marriage was against his wishes?
Sudhir Kumar, Advocate (Expert) 28 September 2013
how do you prove that she did not live with him even for day. If the girl accuses having sex with him even once and her medical examination support she having sex once.

They don't you think that you friend should be in for rape charge as he believed himself to be her her lawful husband?
Sudhir Kumar, Advocate (Expert) 28 September 2013
don't you think that you are forcing the girl's parents to consider giving false dowry complaint against your friend and have him locked?
Sudhir Kumar, Advocate (Expert) 28 September 2013
I see that Mr RK Goyal commented :-


"The parents who pressed are at fault and the punishment is being given to that girl. Morally, your friend should have opposed the move of parents initially. Think keeping in himself the frame of that girl."

I observe further that why your friend failed to dial 100 when being forced to marry a minor girl.
Sudhir Kumar, Advocate (Expert) 28 September 2013
I further continue and reiterate what Mr Dhingra said:-


"Are you in favour of divorce between him and his wife of the so called Bal Vivah? If so, why?"

What is your stake
Sudhir Kumar, Advocate (Expert) 28 September 2013
repated query

http://www.lawyersclubindia.com/experts/Divorce-405441.asp#.UkY6Rn_Qzmk
V R SHROFF (Expert) 28 September 2013
boy must file divorce within a year of his knowledge of his marriage, on his attining majority. Now he is 24

Once he did not, now he cannot say "Balvivah" so void!!
prabhakar singh (Expert) 28 September 2013
It is TRUE Under Hindu Marriage Act the required age of groom is 21 & that of bride is 18.

But A PERSON of 18 is MAJOR for all purposes and therefore your friend has breached the law and remedy ,if any, on the ground of age and minority vests in BRIDE but NOT IN YOUR FRIEND.

To add further salt to your injury section 5(i),(iv)(v)only provide grounds of declaration of nullity of a marriage but not s.5(iii)which lays about age of prospective spouses.And also it can not be even ground of divorce.This reason even does not give cause of action of voidability.So noremedy toyour friend available on ground spoken by you.


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