want to marry a minor girl.
Querist :
Anonymous
(Querist) 29 January 2011
This query is : Resolved
sir i am major and i am in love with a minor girl can we both marry is there any provision in law to marry with minor. can her parentps have a right to file a case against me.
Arvind Singh Chauhan
(Expert) 29 January 2011
Such marriage is illegal. Her parents may complaint against you. So don't invite the problems and let her become major first.
Advocate. Arunagiri
(Expert) 29 January 2011
Marrying a minor girl is an offense. Not only the parents, any body who knows it can give complaint.
Querist :
Anonymous
(Querist) 29 January 2011
sir marying a minor girl is crime i understagnd but what about loving relationship with minor girl is it also a crime.
Khaleel Ahmed
(Expert) 29 January 2011
Marriage between minors: Delhi high court says okay
By Staff Reporter Published: August 12 2010 The Delhi high court has said that marriage between minors is valid and can only be annulled if either spouse submits a plea seeking annulment.
By Staff Reporter Published: August 12 2010 The Delhi high court has said that marriage between minors is valid and can only be annulled if either spouse submits a plea seeking annulment.
Marriage between minors is valid and it can be annulled only on the plea by one of the partners.A bench of Justices B D Ahmed and V K Jain said that even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner. It is clear that where, earlier, a child marriage may not have been voidable under personal law, as in the case of the Hindu Marriage Act, by virtue of the section 3 of the Prohibition of Child marriage Act, it has explicitly been made voidable at the option of the child spouse. But nobody other than a party to the marriage can petition for annulment of the marriage," the court said.
It said the legislature while drafting the provisions of the Hindu Marriage Act had consciously left out marriages in contravention of the age stipulation from the category of void or invalid marriages.
A division bench comprising Justices B D Ahmed and V K Jain said the clause which laid down the minimum age, wasn't one of the conditions stipulated in the Hindu Marriage Act that would render a marriage void.
The court passed the order on a petition filed by a minor boy who tied knot with a minor girl against the wishes of their family members after fleeing from home. The court ordered quashing of the FIR, which had booked the boy for kidnapping and rape, stating that "Poonam (the bride) has clearly stated that she left her home on her own."
yogesh
(Expert) 29 January 2011
Yes it is voidable may be annulled on the option either party
PJANARDHANA REDDY
(Expert) 29 January 2011
THE MUSIC OF VOID MARRIAGE IS SOME WHAT UNBEARABLE.
Devajyoti Barman
(Expert) 30 January 2011
If you go through ritualistic hindu marriage then the marriage is perfectly valid though you may be prosecuted which is a rarity in India. However the girl must be above 15 years of age as below of that age could make you guilty of both kidnapping and rape as well.
N.K.Assumi
(Expert) 30 January 2011
If both of you are deeply in Love you can take the risk of being imprisoned for 15 days or 3 months with some fine depending on your age, as per Child Marriage Restraint act 1929.
Querist :
Anonymous
(Querist) 01 February 2011
thanks to all the experts for your great help and guidance.
