royalthoughtsonline (technical) 12 November 2013

Applicability of indian law to foreign child bride

Hey I am a indian born Yemeni citizen. I want to relocate to india for a certain period of time. My family also wants to be with me . I heard age of consent of these countries vary. Can I legally stay in india with my minore wife. She is 10 years old and we are legally married in yemen according to shariat code. If yes , then do I have to abstain any intimacy from my wife , as law of lands apply ( I heard in india , age of consent for married girls is 16) . if this forum can help me out , I will be truelly gratefull . ( my indian friend no is enclosed ) thank you

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T. Kalaiselvan, Advocate (Advocate) 12 November 2013

Please see if the immigration rules permit you to travel to India on the basis of information you provided about your minor wife. Yemeni laws may permit you to marry even a just born kid, but law of the land in India is different and your stay in India will not be for a brief period as permitted to tourists, so what is the assurance that you will not indulge in physical relationship with your minor wife while in India where such thing is considered as a rape offence. Thus while in India, abstain from the physical intimacy with your kid wife.