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Legality of Marriage

(Querist) 22 April 2010 This query is : Resolved 
Dear Sirs

I have a friend who got married when he was 20years & 8months old & the girl was 17years Old in Mumbai with all Hindu rituals.

But since he was studying, the Girl stayed at her parents house. after 5 years the girl use to come to his house for a day or two during festivals like diwali, holi, and again go back to her parents house.

After 9years of marriage, the girl was brought to the boys house officially,

But within a month's time the Boy realised that they are incompatible.

He spoke to his parents and started sleeping separately, The girl spoke to her parents and they took the girl to their house. and approached their SAMAJ for the resolution.

Since the Boy was certain of his decision so the SAMAJ said "Since at the time of marriage both had not attained the legal age of marriage, their marriage is legally not valid, so they cannot seek legal divorce"
Then the SAMAJ had asked both the parties to sign an MOU in presence of the entire Samaj for Separation, which they called it as Divorce as their Samaj was registered.

The issue was over and after the MOU was signed, Both the families didnt interfere in each others life.

It has been 9years now, and the Boy wants to get married again, but wherever he mentions that MOU thing people stay away because of this confusing facts.

NOW THE QUESTIONS ARE
1. WAS THE MARRIAGE LEGAL, SINCE BOTH OF THEM HAD NOT ATTAINED THE LEGAL AGE OF MARRIAGE?

2. IF YES, IS THE THEIR SAMAJ AUTHORISE TO GIVE SUCH DIVORCE?

3. ITS BEEN 9YEARS TO THIS MOU, WHAT IS THE WAY OUT FOR THE BOY TO CLEAR HIM LEGALLY SO THAT HE CAN MARRY AGAIN.
Raj Kumar Makkad (Expert) 22 April 2010
1. Marriage was illegal but it was required to be got declared as invalid.

2. SAMAJ is not authorized for divorce.

As a lot of time has elapsed and that girl might have also performed her re-marriage so let the matter forget and start a new life. Social customs prevail in some societies so this may be prevalent in the society of your friend also.
Devajyoti Barman (Expert) 22 April 2010
1. The marriage between the minors though is illegal and liable for punishment but very much a valid marriage for all practical and legal purposes.
2.No body except the appropriate court of law can nullify a marriage.
3. The passage of time and mutual separation does not equally nullify a marriage solemnized between the minor and hence without obtaining divorce no body can marry in the meantime.
Devajyoti Barman (Expert) 22 April 2010
1. The marriage between the minors though is illegal and liable for punishment but very much a valid marriage for all practical and legal purposes.
2.No body except the appropriate court of law can nullify a marriage.
3. The passage of time and mutual separation does not equally nullify a marriage solemnized between the minor and hence without obtaining divorce no body can marry in the meantime.
Akhilesh Kumar (Expert) 22 April 2010
Marriage was legal but it was Voidable.
That MOU will be considered as mutual consent of divorce to some extent if any dispute arises before the court.9 years separation and not performing conjugal rigts itself is big ground for divorce.

Your friend has two choices Either File divorce petition before the court citing
with all the story and MOU or forget that marriage and get Married. "Kuch Panga Nahin Hoga"
Kamal Grover (Expert) 23 April 2010
you have to file a nullity petition or divorce under section 12 or 13 or 13b after consultation with the local lawyer.
Regards
adv.kamal.grover@gmail.com
K.C.Suresh (Expert) 23 April 2010
It is voidable. So approach a court if you want a legal divorse.
Gulshan Tanwar (Expert) 28 April 2010
In this regard, a decree of divorce by a competent court will be of use.

Marriage is valid and voidable at the option of the Minors, after attaining the age of majority.

Samaj doesnt have the power to do so and even if this is, then go for mutual consent divorce.

s.494 of IPC will be attracted in your case, if remarriage takes place.


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