"A marriage in contravention of clause (iii) of section 5 (which fixes minimum age of twenty-one years for bridegroom and eighteen years for bride) does not fall in the category of void marriages nor does it fall in the category of voidable marriages. Consequently, by the process of elimination, it would be a valid marriage," the court said.

A bench of Justices B D Ahmed and V K Jain said that 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

you can file for divorce on grounds of mental cruelty. take the plea that after marriage wife has refused to stay in her matrimonial home

2) wife refusal to have sex amounts to mental cruelty

3) wife filing false cases against husband amounts to mental cruelty

4)wife refusal to stay with husband after marriage amounts to mental cruelty

1. File a suit for nullity of marriage.

2. Child marriage even if voidable does not make the marriage illegal and hence she would be treated as your wife only.

3. Whether you stayed or not is of little consequences.

4. So unless you get a declaration of nullity of your marriage you will not get justice.

File for anullment on grounds of fraud

Rely upon judgment in your possession that wife was suffering from mental disorder before your marriage

Sir , her intentions are very clear .. Since child marriage is void under Hindu marriage act.. Moreover it never consumed as she never stayed with you.. Instead of filing divorce file nulity of marriage.. If you sign any such agreement then it will be very clear that she was living with you, and your marriage was consumed so avoid doing so

Hello,

If the marriage has not been solemnized as per the Hindu rites and rituals then you can go ahead and file a suit for nullity of the marriage since the same has not happened till date.

Regards

The child marriage though a customary since it was conducted at a very early age, it may be considered as void as per prohibition of child marriage act, 2006.

Dispensing away the doubts as to its legal status, a division bench of the Delhi High Court in a recent decision has explained the legal position of marriage between minor couples. Holding that traditionally the valid between minors has been taken as neither void or voidable and on the contrary a legally valid marriage, the law was changed in 2006 by the Parliament with the enactment of the Prohibition of Child marriage Act, 2006 wherein under such marriages were made voidable at the option of the minor spouse.

The prohibition of child marriage act, 2006 has no retrospective effect.

“11. Void marriages.—Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

Though five conditions have been stipulated in section 5, 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.

Every child marriage, whether solemnised before or after the commencement of

this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage:

Provided that a petition for annulling a child marriage by a decree of nullity may be filed

in the district court only by a contracting party to the marriage who was a child at the time of the marriage.

(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed

through his or her guardian or next friend along with the Child Marriage Prohibition Officer.

(3)The petition under this section may be filed at any time but before the child filling the petition completes two years of attaining majority.

Where should i go first for divorce or nullity?

My father has 237BP now and under treatment because of this false case

Since there is a proof of child marriage, you can better file divorce petition