Rohit (Student) 14 July 2010

Provisions for Marrying legally

Is there any legal provision for a Major 19 years old male marrying 20 years olf female with mutual consent of each other?
If this marriage is solmenised what are its consequences legally, what can girls parents do?

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15 Replies

Pranjal Srivastava (Lawyer) 14 July 2010

How can a male will called major if he is just 19 yrs.old?????????

Pranjal Srivastava (Lawyer) 14 July 2010

In general they can not provided that their customs allow them

Rohit (Student) 14 July 2010

Male below 21 is called child but above 18 is considered major!

In 2008 205th report for child marriage protection act 2006 it was recomended that the age of male sholud be made 18 years

Suchitra. S (Advocate) 14 July 2010

Sir, 18 years is called the age of majority. But for marriage, the boy should have attained 21 years of age, legally.

Rohit (Student) 14 July 2010

@ suchitra, totally agreed, thats the question if this marriage is solemenised in which the girl is of legal age for marrying but the boy isn't what action can be taken against boy or the couple?

Suchitra. S (Advocate) 14 July 2010

I dont think anything can be done. Jab miya biwi raazi to kya karega kazi..... :)

Rohit (Student) 14 July 2010

@suchitra.. As you are studying law so must be knowing better but this is india.. Don't you think that girls parent can do something as if a boy(above 21 years) marries a girl below 18 years there is rigrours punishment so there must be some law for vise versa, a case like this?

Pranjal Srivastava (Lawyer) 14 July 2010

10. Punishment for solemnising a child marriage.- Whoever performs, conducts,

directs or abets any child marriage shall be punishable with rigorous imprisonment which

may extend to two years and shall be liable to fine which may extend to one lakh rupees

unless he proves that he had reasons to believe that the marriage was not a child marriage.

11. Punishment for promoting or permitting solemnisation of child marriages. -

(1) Where a child contracts a child marriage, any person having charge of the child, whether

as parent or guardian or any other person or in any other capacity, lawful or unlawful,

including any member of an organisation or association of persons who does any act to

promote the marriage or permits it to be solemnised, or negligently fails to prevent it from

being solemnised, including attending or participating in a child marriage, shall be punishable

with rigorous imprisonment which may extend to two years and shall also be liable to fine

which may extend up to one lakh rupees:

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary

is proved, that where a minor child has contracted a marriage, the person having charge of

such minor child has negligently failed to prevent the marriage from being solemnised.

15. Offences to be cognizable and non-bailable.- Notwithstanding anything

contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act

shall be cognizable and non-bailable.

Rohit (Student) 14 July 2010

@pranjal.. But what if girl is of legal age and boy has married her on his own will..

Pranjal Srivastava (Lawyer) 14 July 2010

The provision made in the THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 is to prevent Child marriage.

Sec 3 of the Act Says That Child marriages to be voidable at the option of contracting party being a child.

- (1) Every child marriage, whether solemnised before or after the commencement of this

Act, shall be voidable at the option of the contracting party who was a child at the time of the

marriage:

Provided that a petition for annulling a child marriage by a decree of nullity may be filed in

the district court only by a contracting party to the marriage who was a child at the time of

the marriage.

(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed

through his or her guardian or next friend along with the Child Marriage Prohibition Officer.

(3) The petition under this section may be filed at any time but before the child filing

the petition completes two years of attaining majority.

(4) While granting a decree of nullity under this section, the district court shall make

an order directing both the parties to the marriage and their parents or their guardians to

return to the other party, his or her parents or guardian, as the case may be, the money,

valuables, ornaments and other gifts received on the occasion of the marriage by them from

the other side, or an amount equal to the value of such valuables, ornaments, other gifts and

money:

Provided that no order under this section shall be passed unless the concerned parties

have been given notices to appear before the district court and show cause why such order

should not be passed.

In your case it means the bride will always on the edge of sword .

The marriage of a minor with major is VOIDABLE not null and void. They can live together but after getting some punishment( ONLY MAJOR PARTY IN YOUR CASE THE BRIDE )

And all other will be punished as mentioned in the ACT ( posted earlier )

Suchitra. S (Advocate) 15 July 2010

I know child marriages are only voidable and so, still there are child marriages going on in the country. If both the partners are willing to live together, there will be no problem. And according to law, they are majors for all other purposes.

Rohit (Student) 15 July 2010

A Party was Under the Age of Consent - If you were married while you are under the legal age, your marriage may be annulled. The legal age for boys is 21 years and for girls is 18 years. A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent.

What does this mean exactly, in simple common man's language

(Guest)

@ Rohit,

There are several Citations where such things were carried on means given legitamacy under protection of Court ONLY when both parties to such marriage VOLUNTAILY give consent. In given brief one has to make sure that the GIRL should not back out of after such marriage PERIOD.