Dear Jothish Kumar: Sorry for using unprofessional language of using "Guys".
Dear Saravanan and Jotishkumar.
I think you didn't get my query properly. Husband was minor at the time of marriage if we consider passport DOB. I do not have marriage certificate. If he would be having marriage certificate then either he had forged DOB for marriage certi or for passport.
According to Child marriage Prohibition Act, 2006, if any of the spouse is minor at the time of marriage then it is not void but it is voidable if the minor spouse wants to void it. Now the husband was minor at the time of marriage and he does not want to make it void and wife wants divorce. What can be done by the usage of this fact?
Please have a look at section 12.
Section 12 - Voidable marriages :- Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
- that the marriage has not been consummated owing to the impotence of the respondent; or
- that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
- that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
- that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Notwithstanding any contained in sub-section (1), no petition for annulling a marriage:-
- On the ground specified in clause (c) of sub-section (1) shall be entertained if:-
- the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
- the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
- on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied:-
- that the petitioner was at the time of the marriage ignorant of the facts alleged;
- that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
- that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
The highlighted points above mentioned that if forgery is happened or if any facts are concealed during the time of marriage then it can be nullify.
In my case, husband has forged his DOB either in marriage certificate or in Passport. If marriage certificate is there then according to Passport DOB he was a minor during marriage. Wife was not aware about the husband's DOB.
Can a wife get the marriage nullify on the basis of fraud discovered by her at this point of time?