LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

How to get divorce

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved 

I gated married when i m 7yrs(child marriage) now i m 23 and love another girl and both of us want gating marriage, how can i got divorce, is there any special procedure to gating divorce from child marriage, (i don't have any kids and I never cohabited with my wife till now.)

someone told me that i don't get divorce i had to apply within two years after attaining majority. please help
M.Sheik Mohammed Ali (Expert) 05 December 2011
you query is not believable, where are you from? why do want divorce after 16 year.
Shonee Kapoor (Expert) 05 December 2011
You were told rightly, you should have applied divorce by the age of 20 only.

Now, the divorce can happen by Mutual Consent or by fault grounds only.


Shonee Kapoor
Shailesh Kr. Shah (Expert) 05 December 2011
Mr. Sheik

He is only 23 years and got married at the age of 16.
ajay sethi (Expert) 05 December 2011
shailesh he says he got married at age of 7 . so after 16 years of marraige he wants divorce.

agree with shonee he ought to have applied earlier
Adv.Shine Thomas (Expert) 05 December 2011
At the age of 7,it was not a valid marriage.
Devajyoti Barman (Expert) 05 December 2011
The marriage is valid for which you should go for mutual divorce or contested divorce.
prabhakar singh (Expert) 05 December 2011
Sorry! But although a marriage after 01/10/78
is required between two major in which boy must be 21 and girl of 18 but if accidently are otherwise this rule is offended,the hindu marriage Act does not declare such marriage void or illegal.

Under Hindu Marriage Act only 03 conditions attract a marriage void:
1]where either party has a spouse at the time of marriage;or

2]the parties are within the degrees of prohibited relationship;or

3]the parties are sapindas of each other.

SO all other marriages shall be treated valid.

You can not marry any other girl so long your ties with former are there..
Rajeev Kumar (Expert) 05 December 2011
Agree with experts view
V R SHROFF (Expert) 06 December 2011
Mr Ano,

it is important when you came to know about your marriage?
Certainly you don't remember what u did at your age of 7 year, and you had not consumed the marriage, so you had not accepted her as your wife.
Your marriage is voidable u/s 12 (b) , and there is no limitation of 2 years. can apply. you came to know know now? U were unaware of this fact till date?

I can explain u better on phone. it will help u.
Shonee Kapoor (Expert) 06 December 2011
I disagree Mr. Shroff, the marriage is not voidable under this section.

The marriage is voidable only under Sec 3(3) of the Prohibition of Child Marriage Act, 2006.


Shonee Kapoor

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query