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Arvind Singh Chauhan (advocate)     13 February 2022

Minor's marriage

Learned friends and seniors please bestow your opinion and enlighten me on following problem-

How should we proceed to break a marriage which was a child marriage at the time of marriage, protecting the parties and their parents from punishment also.

As being void abnitio. We can't seek divorce.

We have only remedy to Under Secion 3 of Prohibition Of child marriage Act 2006. to pray to court to declare such marriage void.

Whether after knowing the fact court can take cognizance of the crime or forward matter to other authority for legal action.

What is the social impact of this action if parties discloses their marriage their parents may be punished.



Learning

 9 Replies

Kishor Mehta (CEO)     14 February 2022

It all depends on the time elapsed since the marriage of the minor.

1 Like

Dr J C Vashista (Advocate)     15 February 2022

In order to "....break a marriage which was a child marriage at the time of marriage,...." get the marriage annulled (instead of divorce) as per personal law of parties.
 

1 Like

Arvind Singh Chauhan (advocate)     15 February 2022

Thanks Sir,

         But,

Whether after knowing the fact court can take cognizance of the crime or forward matter to other authority for legal action.

What is the social impact of this action if parties discloses their marriage their parents may be punished.

 

P. Venu (Advocate)     15 February 2022

You are yet to the post the material facts.

1 Like

Palak batra   15 February 2022

 Dear Arvind Singh Chauhan,

 

As stated in the query itself, one can break A child marriage as per section 3 of the Prohibition of Child marriage act 2006. This particular section of the act states that every child marriage is voidable at the option of contracting party. The aggrieved party can also file a petition for annulling the child marriage by decree of nullity which may be filed in the district court but only by the contracting party to the marriage who was a child at that time. This could be done only after two years of the child being a major. 

 

The other remedy which is provided under Section 5 of Hindu marriage act Is annulment. One of the grounds of annulment is child marriage and hence can be used as a remedy by the person who has contracted a marriage under this particular act. 

 

Regards, 

 

Palak

1 Like

Dr J C Vashista (Advocate)     16 February 2022

Originally posted by : Arvind Singh Chauhan

Thanks Sir,         But,Whether after knowing the fact court can take cognizance of the crime or forward matter to other authority for legal action.What is the social impact of this action if parties discloses their marriage their parents may be punished. 

No, the Court has no power / authority to forward the matter to other authority for initiation of legal action.

The proposed action could have been initiated at the threshold i.e., before solemenisation of marriage but not at this stage. 

1 Like

Palak batra   16 February 2022

Dear Arvind Singh Chauhan,   As stated in the query itself, one can break A child marriage as per section 3 of the Prohibition of Child marriage act 2006. This particular section of the act states that every child marriage is voidable at the option of contracting party. The aggrieved party can also file a petition for annulling the child marriage by decree of nullity which may be filed in the district court but only by the contracting party to the marriage who was a child at that time. This could be done only after two years of the child being a major. 

The other remedy which is provided under section 13(2)(iv) states that, for repudiation by the girl before she attains the age of 18 years. 


Regards,

Palak

 

1 Like

Arvind Singh Chauhan (advocate)     16 February 2022

thanks For contribution of all learned members

P. Venu (Advocate)     17 February 2022

Your thanks are meningless when you have chosen not to pos the facts. As such, the discussions, in my opinion, has been less than productive.


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