Marriage
Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
Is there any provision, any way so that a male 20 years old and a female 21 years old can marry, family members our against their marriage so they want this marriage legal so that none of the family member can create trouble later on.
Please suggest any possible way it could be done, like by paying some fine etc.
A V Vishal
(Expert) 08 December 2010
Under existing marriage laws, a male should be 21 years to get married.
Querist :
Anonymous
(Querist) 08 December 2010
@ A V Vishal, i suggest you to read special marriage act and hindu marriage act closely, it is clear after reading this that if a maariage is solemenised breaching the guideliness prescribed by these acts then depending upon the condition a marriage could be made void, or it can be null and void.
R.Ramachandran
(Expert) 08 December 2010
Dear Mr. Anonymous,
Quite interesting.
Can you please indicate which provisions of the HMA and Special Marriage Act that you are referring to.
Querist :
Anonymous
(Querist) 08 December 2010
@ Khallel Ahmed : Nothing personal, i just know that if somebody is asking for help than we should help him genuinly from heart, i am not teaching anything to anybody i just know when someone is wrong we should correct him.
@ R,Ramachandran below you can find out what i was talking about.
CHAPTER VI
Nullity of Marriage and Divorce
24. Void marriages.- (1) Any marriage solemnized under this Act shall be null and void (and may, on a petition presented by either party thereto against the other party, be so declared) by a decree of nullity if-
(i) any of the conditions specified in Cls.(a),(b), (c) and (d) of Sec. 4 has not been fulfilled : or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under the Act within the meaning of Sec. 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in Cls.(a) to (e) of Sec. 15:
Provided that no such declaration shall be made in any case where an appeal has been preferred under Sec.17 and the decision of the District Court has become final.
25. Voidable marriages.- Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage ;or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):
Provided that in the case specified in Cl.(ii) the Court shall not grant a decree unless it is satisfied-
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of existence of the grounds a decree :
Provided further that in the case specified in Cl.(iii), the Court shall not grant a decree if,-
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or as the case may be, the fraud had been discovered
A V Vishal
(Expert) 08 December 2010
Mr Anonymous
Nothing personal from my side too but it shows your immaturity on the subject nothing more.
Querist :
Anonymous
(Querist) 08 December 2010
@ A V Vishal, sir you are senior and you have better know how of legal matter, i am not saying that this marriage is allowable by law, i am just saying that if someone has solmeised it then how he can minimise the after impact.
R.Ramachandran
(Expert) 08 December 2010
Dear Anonymous,
You have neither indicated a specific provision either in HMA or Special Marriage Act, according to which a marriage between "a male 20 years old and a female 21 years" is void, or it can be null and void.
Querist :
Anonymous
(Querist) 08 December 2010
Dear R.Ramachandran
I have no where stated that there is provision for a 20 year old male to marry, o have clearly stated that if a maariage is solemenised breaching the guideline of HMA 1955 then depending uopn the conditions a marriage can be stated null or void.
And i think if the guidelines state 21 year age for male then marrying at 20 is breaching the guideline of HMA, and if you want provisions that please read below.
Void marriages under HMA 1955
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 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.
Now section 5
5- Conditions for a Hindu marriage
(i) neither party has a spouse living 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.
Raj Kumar Makkad
(Expert) 08 December 2010
There is no provision in law allowing any person to marry violating the terms of age even by paying some fine etc. as you have insisted in your query and subsequent discussion.
Querist :
Anonymous
(Querist) 08 December 2010
@ raj kumar, I agree with you sir,
But if we go by HMA 1955 then it declare marriage violating it null and void on following circumstances
(i) neither party has a spouse living 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.
Devajyoti Barman
(Expert) 08 December 2010
A male of 20 years of age can marry in accordance with rites and customs of a hindu marriage and that marriage is very much valid as it is neither a voidabale marriage nor the void one.Only the offender is prescribed to punished under section 18 of HMA.
G. ARAVINTHAN
(Expert) 08 December 2010
Mr Anonymous, you cannot get illegal advice or loop holes in Law from this Site and our experts are very cautious in that.
My suggestion is - WAIT FOR ONE YEAR
Uma parameswaran
(Expert) 09 December 2010
If you want a legal marriage wait one year as suggested by Expert.Aravintan.
