Divorce


 

Respected Members,,

greetings of the day!!!!!!!!

sir i have a question / query plz advice me , 

I am from the side of husband..( My client)

my client did love marriage with a girl at the time of marriage the age of girl was approximately 25 years and the age of boy( my client ) was 18 years at the time of marriage.

Presently they have a baby girl age having age 4 months.

Now the question is my client wants divorce with the same girl due to temperament issue and girl is living in the house of boy ( my client).

Now I want to file case from the side of boy.. so plz guide me is it appropriate or is any other remedies for my client

waiting for valuable guidance 

Abhijeet soni

.

 

 
Reply   
 

Hello Sir, 

At the outset I would like to point out that the boy in this case was under the legal age of marriage in India, which is 21 years , thereby making it child marriage.  Therefore, Under S. 3(3) of the Prohibition of Child Marriage Act, 2006 the boy has the right to opt out to the marrage until two eyars after attaining majority, i.e 23 years, and ask for an annulment. 

On the other hand, grounds for divorce can be identified under the Hindu Marriage Act, 1955, Dissolution of Muslim marriages Act, 1939, Parsi Marriage and Divorce Act, 1936, Indian Divorce Acr, 1869 and the Special Marriage Act, 1956. 

If the facts about the marriage could be furnished, I would be able to help in more detail. 

Hope this was helpful.

 
Reply   
 



Greetings! 

Firstly, the marriage is not one that is valid as the boy was 18 years of age at the time of marriage. For this, if you are able to produce the child's birth certificate with that of your client it will be sufficient. Since the marriage is voidable at the extent of the party who was minor, this is an easy way to invalidate the marriage. 

However, since the marriage is consumated with a child, if any complications arise one can always appraoch the family court by first sending in a legal notice to the other party stating the reasons for your client to take this step. You may refer to the following articles which will be able to help you better - https://www.lawyersclubindia.com/articles/cruelty-against-husband-5694.asp 

https://www.lawyersclubindia.com/articles/step-by-step-procedure-in-divorce-case-9410.asp

Hope this helps. 

 
Reply   
 
LEGAL

love is utterly blind...smiley

 
Reply   
 
Advocate

What is the law under which the marriage was solemnised. Anyhow, it is skewed rationale to seek to apply the provisions of Child Marraige Act, the marrage being a case of arranged marriage. The only option, tomy understanding, is to seek divorce by mutual consent.

 
Reply   
 

respected sir, 

thanks for reply,, 

 
Reply   
 
Lawyer

Instead of moving for a divorce apply for annulment of marriage as the same is void since the groom is underage.

 
Reply   
 
Advocate

I may be permitted to differ. In terms of the provisions of Prohibition of Child Marriage Act, such a marriage is not void, but only voidable. Please see Section 3:

3. 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.

It is a moot point whether any action for avoiding the marriage lies in the instant case because of the stipulation laid down in sub-section 3.

Yes there are certain circumstances in which a child marriage could be void, but in this case. Please see Section 12:

12. Marriage of a minor child to be void in certain circumstances.-

Where a child, being a minor-

  1. is taken or enticed out of the keeping of the lawful guardian; or
  2. by force compelled, or by any deceitful means induced to go from any place; or
  3. is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void.
 
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