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MINORS MARRIAGE

(Querist) 18 October 2009 This query is : Resolved 
at the time of marriage, bride groom aged 20 years, bride 17 years, it was not arranged marriage, out of this wedlock a child born. when they approached registering authority about few days back, they denied to register stating that they both were minors, now they want to approach the court, just they want a document that they both are married. both are Hindus, or they have apply under HMA or apply for Declaration? what u suggest, both are poor, unable to spend,both studied up to 9th std. hereby i request, suggestion, procedure, format, etc., PLZ.....
A V Vishal (Expert) 18 October 2009
The legal age for the groom is 21yrs and the bride 18yrs, though it is arranged, the marriage is voidable and the registrar was right & justified for not registering the same. Both the boy and girl have to wait until they attain majority to register their marriage.
joyce (Expert) 18 October 2009
Minors Marriage is illegal. bride's age must be 18 and above & bride-grooms age must be 21 & above, and a major person (both) giving consent to each other in the wed-lock is also essential in the eye of law. Court of law will not entertain the minors marriage. Spouse can go for affidavits, if any document is needed as to thier marriage.Even this affidavit can be used for getting the ration card, etc... for the family proof.
queryking (Querist) 18 October 2009
now both are attained age of majority, boy now-21 and 1/2 and girl just 18, child 6 months
Kiran Kumar (Expert) 18 October 2009
if both have already attained the competent age then the registring authority shall not have any problem in registring the marriage.

now their marriage stands totally valid.

send a legal notice to the registring authority in this context.

if they dont respond positively then you can approach High Court also under its writ jurisdiction.

or you may file suit for declaration as well.
Adinath@Avinash Patil (Expert) 18 October 2009
IT IS BETTER TO APPROACH H.C. AND FILE WRIT REGARDING DECLARATION OF VALID MARRIAGE IF YOU BRIDE AND BRIDEGROOM ATTAINED MAJORITY AS REQUIRED FOR VALID MARRIAGE.
Sachin Bhatia (Expert) 19 October 2009
Better for them to approach H.C. and file writ.
Raj Kumar Makkad (Expert) 20 October 2009
I do agree with Kiran.
queryking (Querist) 13 November 2009
but both are poor and reside far faar faaaaaaaaaar away from the high court, they are not able to spend money and even having money for the travelling charges.


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