• Child marriage happened when boy was 10 years old and girl 5 year

My brother got married in 2000 when he was 10 years old and the girl was 5 years old. My brother was never interested in that girl and now when the boy is 27 and girl is 21, my brother is refusing to accept the girl. The girls father has filed Complaint and the case was registered against the boy and his family including me under section [deleted] of Ipc and section 4 of Tamilnadu women harassment act. The boy is in jail. Father mother and brother have applied for AB. What shd we do now?
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

child marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but a voidable one".

2) even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner.

3) in the present case on attaining majority boy did not make any such plea within period of 2 years . hence only option for boy is to file for divorce

4)reach settlement with girl family . On basis of settlement file for quashing in HC

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

Your brother is liable for another case under Child Marriage Prohibition Act.

Now case is registered you will have to apply for bail from sessions court or the high court.

After sometime your bother will definitely get bail.

Since marriage is performed it is advisable that he takes back his bride which would lead to closure of all cases.

Devajyoti Barman
Advocate, Kolkata
23567 Answers
533 Consultations

Since, the marriage solemnised by your brother in 2010, is a nullity(because legal age to marry is 21 for boy and 18 for girl), it is very apparent that your brother cannot be booked for the offences he is charged with. Ask him to file a petition in the High Court staking a challenge against the FIR lodged against him. Also, apply for bail and later, incase the High Court does not grants any relief, move an application for discharge before the Trial Court at the appropriate stage.

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

The boy has to first get himself enlarged on bail and then challenge the false case foisted against them.

The sections charged are irrelevant to the subject you have discussed here.

This appears that your brother and parents have tortured them in a different kind and also cheated them etc.,

First let all of them get enlarged on bail and then think about challenging their case on merits in your side.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

apply for bail for your brother in HC . if HC rejects your borhter bail application he can appeal to SC

2) family members would get AB

3) wait for charge sheet to be filed then file for quashing in HC

4) contest the case if you dont have funds to settle

5)marriage was not repudiated by your brother on attaining majority within period of 2 years . hence marriage is valid

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

1. You approach with a bail application before high court, you may get relief from high court with certain conditions.

2. Th pleadings should be more strong in the AB application hearing.

3. Quashing or removing your name from the list of accused shall be taken up at a later stage, but first you obtain AB.

4. Dont go for settlement in the initial stage itself, you may look for conducive situation for the same

5. The marriage, if she claims to have been done at that age is null and void because the child marriages are not accepted s legally valid marriage.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

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