Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jina Mondal   12 February 2020

Is nullification possible for a child marriage??

I am a 26 years old hindu woman who got married at the age of 16. Though the marriage is not registered, all the rituals were performed at the time of marriage. I am living as a separated woman for last 7 and half years. Can I appeal for nullification of the marriage? I am not talking about divorce.


Learning

 5 Replies

NRI Legal Consultants (Lawyer )     12 February 2020

Hello

No, you cannot get it nullified. However, you could have got it nullified within 2 years after attaining majority under the Special Act but not after 7 years. You will have to apply for divorce either on the ground of Cruelty or Desertion.

1 Like

Joy Bose   12 February 2020

Hello,
According to section 3 of the Prohibition of Child Marriage Act, a person can get their child marriage nullified after attaining the majority within 2 years. In your case you did not apply for nullification when you attained majority, so now you need to apply for Mutual Consent Divorce. If you haven't seen your husband for the past 7 years and do not know about his whereabouts, then you can file for desertion.

Regards,
Joy Bose

1 Like

Jina Mondal   12 February 2020

I have seen him many times within this separation period though he never came to meet me. He never took my any kind of responsibilities in between this period. And I never visited his place in this separation period also. can I file for desertion?

Joy Bose   16 February 2020

You cannot file for desertion but you can file a petition for divorce without mutual consent. 

According to the Hindu Marriage Act, The other party has deserted the divorce seeker for a continuous period of not less than two years, immediately preceding the presentation of the petition.

Please check this article on "Grounds for divorce without mutual consent"

https://blog.ipleaders.in/divorce-without-mutual-consent/

Hope this helps

ANAMIKA VICHARE (LAWYER)     17 February 2020

It seems the marriage was cnsummated n youcohabited with husband.  So not possible

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register