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HAREESH (NIL)     21 June 2014

Marriage before the stipulated age limit

 

    Marriage was    solemnized  before the girl   attaining age of   18   .The boy was her cousine who was  one  year elder to the girl      . This was at the instance of the parents and other relatives .

What are the legal implications  - Who will be held guilty  



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 3 Replies

Laxmi Kant Joshi (Advocate )     21 June 2014

hareesh , hindu marriage act sec. 11 declares this marriage null and void because it violates sec .5 (iii)(iv)(v) of hindu marriage act which is condition of hindu marriage act , according to the act if marriage is solemnised under prohibited relationship and sapinda relationship is declared null and void , if any of the relative or member of the family make the complain in the police or file a court case that this marriage is solemnised between cousins and their age are below as prescribed in the act then according to sec.18 of HMA they will all parents , relatives and priest will be punished for 2years jail and 1 lakh rupees fine .

satish bhaskar (Litigant)     22 June 2014

Parents and other relatives must have thought used some logic. Once the boy and girl crosses 21 and 18 it will be easier. If the parents and relatives do not complain then no problem. Some communities allow such relations. Even the age thing is idiotic. When they can vote at 18 then why not marry. The law is a piece of paper. If no complaint then no action.

satish bhaskar (Litigant)     22 June 2014

And if the two are able to get along and develop understanding, trust, faith and work together then they will face no problem. Marriages involve compromise, human values.

If they are not there or go away only then it becomes problem.


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