• The Prohibition of Child Marriage Act 2006

Kindly advise whether :-

1.	Clause (9) of the said act i.e.  “Punishment for male adult marrying a child” also applies to a marriage solemnized 24 years before (in 1993).

2.	Is this marriage (solemnized in 1993) automatically gets void, if the girl in this marriage was below the age of 16 years at the time of marriage.

3.	What are the legalities of such marriage under Hindu Marriage Act 1955.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu

1)prohibition of child marriage act 2006 would not punish adult male who solemnised marriage 24 years back

2) marriage does not become void .

3)section 3 provides Child marriages to be voidable at the option of contracting party being a child.-

(1) 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:

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

5) it cannot be filed after 24 years of marriage

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

In term of the legal girl should be 18 and boy 21 at the time of marriage.

However based question there are many condition arise. Court give final opening on any such case based on religion, caste. place of birth. There are many advocacy applied here.

Based on the question you can not claim that marriage was void however mentally condition can be created.

Better advice can be given you only after have detail discussion with you. For further discussion & information about your case feel free contact me

Regards

Adv. Vikas Pandey

Vikas Pandey
Advocate, Delhi
26 Answers

4.0 on 5.0

Section 1(3) of the act mentions that

It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.

Therefore, the act will not have a retrospective and will be effective from the date of its implementation.

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Further such marriage is voidable at the instance of the girl with whom the marriage has been done. Relevant section is as follow:

3. Child marriages to be voidable at the option of contracting party being a child. –

1. 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 filing the petition completes two years of attaining majority.

Thus the marriage is not void ab initio by the force of the law.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

No third party intervention in not allowed and no suo moto action can be taken by the court in such cases.

No need to worry

If the wife does not have any problem then there will be no issue

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

child marriage prohibition officer would not initiate any action on basis of complaint by third party or wife after 24 years of marriage

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

It is voidable at the complainant of the contacting parties.

Any party with in the completion of 5years of majority may file a complaint in this regard or a complaint may be filed by any friend including the child marriage prohibition officer.

If above condition of 5 years of majority is met and there is no complaints the this is a valid marriage and no complaints can be done.

The punishment for the violation of this act is 2 years rigourous punishment.

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

Respected sir ...

They will not be punished by law as the law is prospective in nature and you are talking about restropective effects ...

Only it was a crime when there will law in force else not and sir you have to prove things in court as Court always work on evidence ...But you can not challange this as there is no law at that time ...

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Is this marriage (solemnized in 1993) automatically gets void, if the girl in this marriage was below the age of 16 years at the time of marriage. - As soon as the girl attains majority, withiin one year, it has to be applied through court to declare the marriage as null and void.

What are the legalities of such marriage under Hindu Marriage Act 1955. -Although null and void within one year of attaining majority and not thereafter. Thereafter, acquiescing the matrimonial life, the wife is barred from instituting a suit to declare the marriage as null and void.

Rajaganapathy Ganesan
Advocate, Chennai
1519 Answers
8 Consultations

4.9 on 5.0

No not at all, firstly you need to understand that if the girls is below 15 or 15 then she gets 3 years time to make it void otherwise it can be called as bliss le marriage, but can’t be as void even if somebody complains about it.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

1) here in this situation time limitation comes you are coming after 24 years.

2) Now she is not child.

3) limitation acts apply first

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Section 3 of the Prohibition of Child Marriage Act, 2006 states that

Child marriages to be voidable at the option of contracting party being a child. –

1. Section 3 states that 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 filing the petition completes two years of attaining majority.

4. While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money:Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.

So it's voidable at at the minor contracting party.

In the Hindu Marriage Act, 1955, in section 18, for clause (a), the following clause shall be substituted, namely:-"

I'm case of Hindu marriage Act

In the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both".

The clause iii of section 5 of the Act states that

5. Custody and maintenance of children of child marriages.-

3. An order for custody of a child may also include appropriate directions for giving to the other party access to the child in such a manner as may best serve the interests of the child, and such other orders as the district court may, in the interest of the child, deem proper.

It will not automatically get void. As it is voidable by the contracting minor party as explained earlier

It speaks about custody of child in such marriages.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

First Q (1) Yes

(2); Yes

(3) Marriage can be dissolved ,if married girl so desire.

Second Q. No answer required.

Third Q: Both the option can be adopted.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

1. There is no such mention in the said provisions of law referred to herein above.

2. 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.

The petition under this section may be filed at any time but before the child filing the petition

completes two years of attaining majority.

3. In the Hindu Marriage Act, 1955, in section 18, for clause

(a), the following clause shall be substituted, namely:—

“(a) in the case of contravention of the condition specified in clause (iii) of section 5, with

rigorous imprisonment which may extend to two years or with fine which may extend to one lakh

rupees, or with both”.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Read Girl at the time of marriage as above 15 years but below 16 years

The petition under section 3(2) may be filed at any time but before the child filing the petition

completes two years of attaining majority.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Can a Third Party (other than Husband and wife) complaint or a child marriage prohibition officer can initiate suo motu action against such marriage solemnized 24 years back?

The Child Marriage Prohibition Officer shall have the power to move the Court for an order under

sections 4, 5 and 13 and along with the child under section 3.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Such marriages are void only on at the option of the parties that is the bride and groom. A third party cannot object to it. These marriages are not void ab initio. Also please note, that as against the common believe that such marriages are illegal, they are not, they are just voidable. Use a common logic if all such marriages are declared void ab initio i.e. no marriage in eyes of law then any child born out of the wedlock will become illegitimate.

Diksha Singh Dhakre
Advocate, New Delhi
3 Answers

4.0 on 5.0

1. Within the sweep of Section 3 of the Act a marriage has been made voidable at the option of the child even if it was solemnized prior to the coming into being of the act. However, the limitation period to file a petition for nullity of the marriage is to be filed within 2 years of the child having attained majority.

2. The marriage does not ipso facto become void, and a petition for it being declared void cannot be filed now after 25 years.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

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