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sripartha (advocate )     27 March 2015

Minor marriage any chance of making it vaid legally

a orphan minor girl of 16 years and 6  months, who's parents died in a accident ... married a boy of 23 years, on 25.12.2014 but her marriage was unregistered, but she has two witness to prove the same and she got pregnant through that boy and her pregnancy was aborted, since she was minor and now the boy tries to marry another rich girl, stating that marrying the minor is invaild and no one can question him, and police supports the boy, and the boy had challenged the girl that if she could get a court order regarding the validity of the marriage he will live with her,  i have taken this case for free of charge on humanitarian basis, to help the orphan girl,

so i humbly request the respected members of the forum to help me through ur valuable suggestions , citations etc. thanking you in anticipation



 16 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 March 2015

Though five conditions have been stipulated in section 5 of Hindu Marriage Act, only the contravention of three of them, namely, clauses (i), (iv) and (v) would render the marriage to be null and void. Clause (iii) of section 5, which is the condition with regard to the minimum ages of the bride and bridegroom, is conspicuous by its absence. As a result, a Hindu Marriage solemnized in contravention of clause (iii) of section 5 of the HMA cannot be regarded as a void or invalid marriage.
 
However, when a litigation arises, its required that such a marriage was  solemnized under Hindu Marriage Act has to be proved.
 
Please refer to High Court Judgement available in the following link:
 
https://legalperspectives.blogspot.in/2010/08/minors-marriage-legally-valid-high.html
 
 
 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2015

Orphaned girl aged 16 yrs getting married, any one involved in that marriage are liable to be to be charged under section 5 of the Child Marriage Restraint Act 1929.Whoever, being a male above twenty one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Adv k . mahesh (advocate)     27 March 2015

appreciate your gesture to support that minor girl 

while i was going through some cases all are the girl married a boy who she loved and court granted them to stay and given yes to their marriage 

go to this sites and you will get some information regarding the same and about HMA section 5(3)

https://timesofindia.indiatimes.com/life-style/relationships/man-woman/Courts-still-confused-about-legal-age-of-marriage/articleshow/21333081.cms

 https://kafila.org/2012/06/12/consent-age-and-agency-reflections-on-the-recent-delhi-high-court-judgement-on-minors-and-marriage-flavia-agnes/

 https://timesofindia.indiatimes.com/india/Govt-cant-stop-marriage-of-minor-Muslim-girls-Plea/articleshow/46481240.cms

and before filing do some homework like judgements will be added advantage and also take you senior advocates in your area advise 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 March 2015

Point is in the case of marriage involving a Minor, until the marriage is solemnized, it is a crime to attempt such marriage.  However, once the marriage is solemnized, such marriage is valid marriage, notwithstanding the fact whether some persons responsible for such marriage are punished for the same or not.  This is because the concept of Marriage in Hindu religion is regarded as very high and sacrosanct.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2015

But the husband who was a major at the time of marrying a minor girl can be charged, when did she become pregnant, when she was a minor or major

Advocate Ravinder (Advocate/Attorney)     27 March 2015

Good Judgement furnished by K.Sivaramprasad.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 March 2015

Lets not get obsessed with how to punish the perpetrators of  minor's marriage. Point of the case is whether the marriage with a minor is valid or not. Law syas it is valid if solemnized in terms of Hindu rituals. This has to be proved. Punishing somebody etc. is beside the point.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 March 2015

One more point. When the pregnancy was aborted who signed the requisite papers in hospital? Hospital authorities do not abort without the signature of close relatives and normally insist the signature of Husband.

SAINATH DEVALLA (LEGAL CONSULTANT)     28 March 2015

Everyone involved either during marriage or abortion can be taken to task, including the husband

Adv. Chandrasekhar (Advocate)     28 March 2015

Marriage with a minor girl is not void as per S.11 of HMA on the part of boy.   It is  voidable on the part of girl and she can annul the marriage within one year from the date she attained the manority.  As the girl is interested, this marriage cannot be annuled.  So, you file a case against the boy restraining him to go for another marriage and also take temporary injunction.  In the meantime, one year would be passed and she would become major.  The boy says that he is entitled to another marriage because his first marriage was with a minor girl, he is under false impression and give him legal notice that he will be prosecuted for bigamy.  Contest the case and you definitely win.

sripartha (advocate )     28 March 2015

                           First of all I heartily thank Advocates Mr. Sivaramaprasad Kappagantu, Mr. Sainath Devalla,  Mr. K . Mahesh, And  Mr.. Chandrasekhar, for giving me your valuable suggestions and enlightening  me with your valuable, citations.. regarding the matter of abortion the girl had aborted at 2 months pregnancy  my taking country medicine, which is common in tamil nadu, medicine using some herbs.. regarding the husband I have planed to get injunction against him for not remarrying him till the girl attains the age of marriage.. I shall intimate this forum about the result of the case, After I get the judgment, thank you once again

T. Kalaiselvan, Advocate (Advocate)     30 March 2015

Appreciable opinions were rendered by experts like Mr. Sivaram and Adv. Mr. Chandrasekar.  Another appreciable thing is that you have to be proved to work for a noble cause through this noble profession, I wish you success in this endeavor, go ahead.

sripartha (advocate )     01 April 2015

T. Kalaiselvan, Advocate thank you for your opinions and thank you for your wishes.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 April 2015

Agree with Adv k Mahesh

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