• Marriage certificate of child marriage

Hello Sir, I was in love with a girl who is also my relative but due to family tensions I had married her at the age she was 16, and I was 30. This marriage was happened in June 2014 with both family consent including the girl. Now i have a daughter, she is 2.5 years old and ready to go school this year. And now I need a marriage certificate for my daughter school admission. But as per law this is not a valid marriage, so in this situation how can I make my marriage valid and get the marriage certificate. Please Help Me.
Asked 6 years ago in Family Law
Religion: Hindu

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10 Answers

The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India The ruling stated that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become voidable at the option of the child entered into the marriage, the Act holds that a child marriage is voidable only upon the filing of a petition for annulment in district court. It is thus deeply problematic that the 2006 Act does not automatically declare child marriages void, only making them voluntarily voidable.

The High Court held that a child marriage is not automatically void under India’s civil laws if entered into by the ‘choice’ of the girl, but that the marriage would be voidable only at the option of the contracting party under the Prohibition of Child Marriage Act, 2006. This loophole thus seems to allow child marriages to continue to be legally valid,

Therefore you can apply for marriage certificate based on the proof of solemnisation of this marriage convince the registrar about the law in this regard.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1) Try to get normal custom marriage by attaching wedding invitation and apply. Here you have to manage birth date of your wife, while applying for the birth certificate.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

What is nature of relationship.?

If it falls under prohibited degree of relationship as per Hindu marriage act your marriage is illegal unless there is custom in your community for such marriages

You would not get marriage registration certificate as girl was minor at time of marriage and your marriage is isllegal

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1. The marriage certificate cannot be issued as the girl had not attained the statutory marriageable age at the time of her marriage.

2. Consult a lawyer personally. You may opt for telephonic consultation on this portal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello sir,

Actually for joining kids in school no marriage certificate is required, except birth certificate. And coming to ur marriage, it is valid marriage, because the marriage took place with both the parties consent, and it was consummated, she is major now, for further questions you can contact me.......

Girija
Advocate, Hyderabad
10 Answers

4.0 on 5.0

You have to prove the factum of marriage only through your ration card or other identity through which you can establish that both of you are spouse. Marriage certificate shall not be issued in your case.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

When the foundation only is bad, how can you make a superstructure upon it? Meaning thereby, when your marriage only is not valid at first place, how can you get a marriage certificate?

This is a peculiar situation and you are not legally competent to get your marriage registered and obtain a certificate thereof.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

Marriage is not void but voidable at the instance of Girl and if she is happy and agreed to subsistence of marriage. Marriage is valid. Apply for marriage certificate. No issues.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Hello,

Who said it is a void marriage.

It is voidable at the option of wife, and if she has no objection then the same is not void.

Go ahead and get the marriage registered in the office of the sub- registrar.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear,

Marriage Certificate can be obtained from the marriage sub registrar's office by showing the proof of your marriage with your wife. The office of the marriage sub-registrar will not ask or inquire if you married a minor or a major girl. The only major requirement is that a marriage is solemnized or not and if there are any witness to the marriage or not.The following documents are required for registration of your marriage: 1. Completely filled application form signed by both husband and wife 2. Proof of Address- Voter ID/ Ration Card/ Passport, Driving License 3.Proof of Date of Birth of both husband and wife 4. 2 passport sized photographs, 1 marriage photograph 5. Separate Marriage Affidavits in prescribed format from Husband & Wife 6. Aadhaar Card 7. All documents must be self attested. 8.Marriage Invitation Card.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

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