Regading desolving of marriage
KULDEEP SINGH
(Querist) 02 April 2012
This query is : Resolved
I got marriage in the age of 17 years and that time my wife was 22 years old . we have got a male child of 3years. now my wife is threatening me for filing false 498a case.
now I want to know that as I got married in the age of minority means I was less than 21 years old before marriage. so by taking this ground marriage can be dissolved or not. plz reply
Shonee Kapoor
(Expert) 02 April 2012
No you could have dissolved the marriage when you turned 20, now you can not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 02 April 2012
you have at the time of marriage not disclosed fact you were minor . you surprressed material facts . you have lived with your spouse as husband and wife for more than 4 years .
you also have a child of 3 years old .
the marriage is valid
ajay sethi
(Expert) 02 April 2012
although under section 5( iii)mentions that one of conditions of hindu marriage is that bridegroom should be 21 and bride 18 such marriage has not been declared void under provisions of section 11 of HMA act
As a result, a hindu marriage solemnized in contravention of clause (iii) of section 5 of the HMA cannot be regarded as a void or invalid marriage.
ajay sethi
(Expert) 02 April 2012
In Neetu Singh v. State: 77 (1999) DLT 601 (DB), after considering two decisions, one of the Allahabad High Court [Mrs Kalyani Chaudhary v. The State of U.P.: 1978 CrLJ 1003]and the other of the Himachal Pradesh High Court [Seema Devi alias Simaran Kaur v. State of H.P.: 1998 (2) Crime 168], it was held that a marriage in contravention of clause (iii) of section 5 of the HMA is ―neither void nor voidable‖ although it may be punishable under section 18 of the HMA. This view has been reinforced in Ravi Kumar v. The State: 124 (2005) DLT 1 (DB) and Manish Singh v. State Govt of NCT: AIR 2006 Del 37= 126 DLT 28 (DB). While the decisions in Neetu Singh (supra) and Ravi Kumar (supra) did not refer to the provisions of the Child Marriage Restraint Act, 1929, the said provisions were specifically noticed in Manish Singh (supra). In that case the division bench held that the ―Act aims to restrain performances of child marriages‖ but the ―Act does not affect the validity of a marriage, even though it may be in contraventionof the age prescribed under the Act
V R SHROFF
(Expert) 02 April 2012
YOU RATIFIED IT, SO U R HELPLESS NOW.
Your marriage is Valid, and cannot be dissolved on the ground alone.
Sudhir Kumar, Advocate
(Expert) 02 April 2012
Even if marriage is dissolved still you do nto escape 498a.
At the most you may consider sending your parents to Jail under Child Marriage Act
