• Two minors eloped for marriage

Hi,
I need your advice in the below matter to proceed further.
My cousin a male who is 18 years 8 months old, and the girl is 17 years 9 months old, they are in love for the last one year. 

Recently, both boy and girl eloped and they stayed in girls relative for three days, and they had physical relationship as well.

Both boy and girl returned now, girls parents are forcing us to get them married and we are also agreed for marriage but we are suggesting them that they should get the legal age dor marriage and we will get them married, for which they are not agreeing.

They are threatening us that they will give a complaint on the boy on various sections, from our known sources we found out from concerned police station that this girl had already eloped once with some other boy, and she had relationship with one more boy and the same has been a registered compliant in the police station.

However, we are fine with the marriage but only after they both turn le agal marriage age.

Also, when enquiring with the boy girl also played an equal role in this eloping and she intimidated him.

Need legal advice, incase if she complain against the boy what are the available safeguards for us.

Thank you
Asked 4 years ago in Family Law
Religion: Christian

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17 Answers

Hello,

She being a minor can file a case of kidnapping against the boy.

Also, it is advisable that marriage takes place only when both of them attains the age of majority.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. There can not be any legally valid marriage between the said two persons unless they attain the mmarriageable age as specified in HMA.

2. Getting eloped together is not a crime,. Moreover, after getting eloped, they stayed with the girls's relative which will prove consent from the family of the girl. If they lodge any police complaint, her act of such getting eloped recorded in the police station will act as good evidence to prove innocence of the boy.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Sir girl is still minor the family can file a case though case can be defended as they were on girls relatives home but in starting there can be trouble. Furthermore sexual intercourse won't be any issue though marriage should be after they attain age.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sorry for your situation. The legal age for Marriage for boys in India is 21 and 18 for girls. The marriage will be voidable at the option of contracting party who was a child at the time of solemnization of marriage. In your case since the girl will be attaining 18 years in the coming months, there is not really an issue but the boy will still be treated as minor for the purpose of marriage. The Prohibition of child marriage act not only prohibits but also punishes the Major spouse. The punishment is also provided for facilitators of such marriage.

My Advice

1. Speak to the parents of the girl and educate them about the law and also tell them that your daughter will be imprisoned since she will be treated as Major and Boy as Minor.

2. Advice them about the consequences of such marriage and even the parents of girl/boy will also be punished.

3. Secretly tell anyone of your relative to give a complaint to Child Protection Officer who will get an injunction from the court and the party will have no option but to wait.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

elopement involves a minor girl. In the instances where a girl and a boy run away in order to get married and the girl involved is a minor, the boy would be held liable for the commission of criminal offense regardless of the consent given by the girl.

The law says that a minor is not competent enough for giving consent. Therefore, any consent given by a girl in order to conclude an elopement would be invalid and the boy involved in such elopement could be charged for the commission of kidnapping, abduction or rape in accordance with the provisions of sections 362, 366 and 375 of the Indian Penal Code.

The boy involved in such an elopement would be entitled to punishments as specified by the Indian Penal Code for the commission of offenses like rape, kidnapping, and abduction.

Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Marriage cannot be registered till both becomes of marriageable age. Get them engaged and marry after boy turns 21.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You cannot be forced to get the boy married if he has not attained majority

2) both boy and girl had consensual sex

3) you can get the boy and girl engaged

4) let both complete their education stand on their feet and then marry

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

At this point of time there is no need to talk about the legal age instead get then married in social function and that is acceptable you can get only the registration after the completion of the legal age and this age in case they would have married in a temple this is allowed by the court

The family of the girls are pressurizing marriage due to the social issue and there in fear that after passage of time as in the case of boy it is 2 years now maybe the other party deny it's promise.

It is advisable at this stage to avoid any legal hassle to go for marriage if things are positive this will be a Win-Win situation for both the parties

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. None of them have attained the age of marriage as per law. So they cannot marry.

2. Since the girl has a past history of eloping with another boy and sex she may file a complaint of rape against your cousin and it may be a part of her modus operandi. So if and when the complaint is lodged then your cousin should apply for anticipatory bail so that he does not suffer arrest and detention.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Marriage not legally valid between said two persons unless they attain the age of majority (21& 18 years)

Any male over 18years of age who enters into a marriege with a minor who conduct a child marriage ceremony can be punished with 2 years of imprisonment or a fine

Advice them about consequences of such marriage

Girl is minor the family can file case

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

You need to wait till they attain legal age of marriage and in case they file case against boy get anticipatory bail from jurisdiction court. Secondly the boy and girl stayed in girls relative home which shows that she had consent and that can be ground to prove boys innocence. Also the girl previously eloped with some other guy that conduct of girl can benefit the boy

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You are correct. You immediately file complaint with police under child marriage restraint act saying they are forcing you for child marriage. Further staying together is not an offense as per following SC judgment.

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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court

An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.

The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.

The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.

In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.

But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.

"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.

The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.

"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.

"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.

It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.

Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror.

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http://www.wcd.nic.in/policies/child-marriage-restraint-act1929

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The Child Marriage Restraint Act,1929

The Child Marriage Restraint Act,1929

(19 of 1929)

An Act to restrain the solemnisation of child marriage.

Section 1 : Short title extent and commencement --

This Act may be called the Child Marriage Restraint Act, (1929).

It extends to the whole of India (except the State of Jammu and Kashmir) and it applies also to all citizen of India without and beyond India.

It shall come into force on the 1st day of April, 1930.

Section 2: Definitions -- In this Act, unless there is anything repugnant in the subject or context:

"Child" means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age;

"child marriage" means a marriage to which either of the contracting parties is a child;

"contracting party" to a marriage means either of the parties whose marriage is (or is about to be) thereby solemnised and

"minor" means a person of either sex who is under eighteen years of age.

Section 3: Punishment for male adult below twenty one years of age marrying a child -- Whoever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

Section 4: Punishment for male adult above twenty one years of age marrying a child -- Whoever, being a male above twenty one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Section 5: Punishment for solemnising a child marriage -- (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child -marriage.

Section 6: Punishment for parent or guardian concerned in a child marriage --

Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided no woman shall be punishable with imprisonment.

For the purpose of this section, it shall be presumed unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent marriage from being solemnised.

Section 7: Offences to be cognizable for certain purposes. The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences -

for the purpose of investigation of such offences: and

for the purposes of matters other than (i) matters referred to in Section 42 of that Code and (ii) the arrest of a person without a warrant or without an order of a Magistrate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

you are on right path. you may lodge a complaint against the family of that girl and the said relative where they stayed for abduction and restratintment of the boy. mentioning that the girl has history of eloping the boys for extra means.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Hi sir, as per your queries they are tensed that if in coming future if the boy changes and he says he doesn't want to marry her that's their concerned... i can suggest you that why don't you leave the boy in their house.. you sit and speak to them what are the consequences will face if minor are married even if they don't agree and if they give any complaint against you or they are trying to give any complaint... you better take anticipatory bail or else go to the concerned police station and brief the matter to them.. the police authority will try to resolve the matter...! do call me for further details

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1) You better stick to your point that boy will marry with girl once he turn 21 years age complete.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read. It will helpful to you.

When A Boy And Girl Elope, Girl’s Family Often Files Complaints Of Rape And Kidnapping. What Can The Boy Do In Such Circumstances?

What is Elopement?

• Elopement is nothing but an act of running away for the purpose of getting married which could be for various reasons. However, elopement could also be viewed as a marriage concluded in a very secretive, unexpected and sudden manner. It generally involves a very fast and expeditious running away from one’s place cooperatively with one’s loved one with an aim or plan of getting married.

• In India, it is usually witnessed that an act of elopement takes place for the reason that the people who intend to get married want to avoid different kinds of objection from parents and relatives or religious barriers. In India, for an elopement to be valid and legal, it is necessary that both the parties involved must be major according to law (Minimum age of 21 years for a boy and 18 years for a girl) and the elopement must be consensual. There must not be the presence of any kind of force or threat in order to get the elopement accomplished. An act of elopement is often followed by immense actions and attempts by the parents and relatives of the parties involved in the elopement for threatening, grievously hurting or even killing the boy and the girl involved (mostly boy).

• It is not very rare to come across some grave and disturbing consequences of elopement. The outcome of elopement can sometimes be really profound. However, if the elopement is valid and lawful then the law and legal system of our country certainly ensure the best for the concerned couple.

An Outlook

In the cases where a boy and a girl elope for the purpose of getting married, two elements play the most important role in determining whether there is a commission of any criminal offense from the end of the boy or not. Those two elements are:

• Consent, and

• Age of the girl

There are various legal perspectives with reference to the instances where a boy and a girl elope for the purpose of marriage under varied circumstances. Further, in this article, different situations under which a boy and a girl can elope in order to get married are discussed with its legal lookout which would, in the final analysis, help us determine whether the boy involved can be charged for any criminal offense or not.

Cases where the girl is a major and elopes with her consent

• In the instances where the boy and girl elope for the reason of getting married and both boy and girl are major (boy must be more than 21 and girl must be more than 18) and have eloped with mutual consent (where the girl has also given her valid consent), such act would not be considered as any legal offence. In such cases, the boy and the girl would be free to get married in accordance with the legal provisions of our country. No charges of rape, kidnapping or abduction can be filed against the boy in such instances.

• In accordance with the Prohibition of Child Marriage Act, which is the most vital Act regulating the marriage of minors, states that in order to get married lawfully the minimum age of a girl must be 18 years and the same of a boy must be 21 years. Therefore, in the instances where a boy and a girl who are major, elope for the purpose of getting married consensually, no legal action can follow against the boy as the boy as well as the girl qualify the minimum requirement set by the aforesaid Act.

• According to the 2013 Criminal Law (Amendment) Act and the Protection of Children against Sexual Offences (POSCO), the minimum age for giving consent of sex in India is 18 years. Therefore, no charges of rape can be framed against the boy in the cases where a boy and a girl who are major according to the law, elope with consent.

• However, as a matter of fact, it is witnessed very usually in India that whenever any act where a girl and a boy elope for the purpose of getting married takes place, regardless of the fact whether that act is a criminal offence or not, the parents or the concerned relatives of the girl go on to file the case of rape, kidnapping, and abduction against the boy. In such a case, if the elopement is not unlawful, the boy can ask for police protection or can go to the concerned High Court for seeking protection. The boy and girl can also get married under the Special Marriage Act.

• It is also advisable in such cases that as soon as the marriage takes place lawfully, the girl should go on to file a complaint against the concerned people who are willing to hurt the boy in order to ensure the safety and well being of both of them.

• As long as the consent given by the girl involved is valid and she is a major, no legal actions can be taken against the involved boy. In such a case, even if the relatives of the concerned girl file the cases of the kidnapping, rape or abduction against the boy, he would be safe.

• There is nothing one can do in order to stop someone from lodging a complaint against an act of elopement irrespective of its validity, but if the elopement is valid and lawful then it becomes much uncomplicated to deal with the complaint or the issue. Doing away with such a matter would not be difficult for the boy and the girl involved if the elopement is not against the legal provisions. The girl or the wife involved in the elopement can go on to register a report with the local police station conveying that she has eloped with the boy with her own consent and volition and no undue force or threat has been used by the boy against her in order to conclude the elopement, and she also realises that her parents or other relatives may take threatening and hurting steps against her husband. This would ensure the safety of both of them.

Cases where the girl is a major but elopes without her consent

• In the cases where a boy and a girl run away for the purpose of getting married and the girl is a major but her consent is absent, the boy involved can be charged for kidnapping, abduction and even rape.

• Consent is one of the most important elements for the determination of the fact whether any act of elopement is against law or not. If there is an absence of the consent of the girl involved in an elopement, such an act would be considered as a criminal offense and the boy involved in such an act would be punished.

• In such cases, a complaint under Section 366 of the Indian Penal Code will be filed against the boy involved in the elopement. This section has provisions against a person who kidnaps or abducts any girl in order to compel her marriage without her consent. This section clearly states that any person who kidnaps or abducts a girl with an intention of compelling her to get married without her consent would be charged and punished.

• Instances, where a boy compels a girl to run away with him for the purpose of marriage without her valid consent, would be considered as a criminal offense. Such acts are certainly unlawful.

• Charges under section 362 which provides for abduction can also be filed in such cases, at the same time charges for rape can as well be imposed on the boy involved.

• The boy involved in such a case might be entitled to an imprisonment for up to ten years along with fine as a punishment.

Cases where the girl is a minor and elopes with her consent

• Consent becomes immaterial if the elopement involves a minor girl. In the instances where a girl and a boy run away in order to get married and the girl involved is a minor, the boy would be held liable for the commission of criminal offense regardless of the consent given by the girl.

• The law says that a minor is not competent enough for giving consent. Therefore, any consent given by a girl in order to conclude an elopement would be invalid and the boy involved in such elopement could be charged for the commission of kidnapping, abduction or rape in accordance with the provisions of sections 362, 366 and 375 of the Indian Penal Code.

• The boy involved in such an elopement would be entitled to punishments as specified by the Indian Penal Code for the commission of offenses like rape, kidnapping, and abduction.

Cases where the girl is a minor and elopes without her consent

• Instances of elopement in which a minor girl elopes with a boy without her consent are very serious criminal offense. It could lead to destruct and devastate the lives of many innocent little girls. This offense also has a huge potentiality of contributing to the other serious offenses such as human trafficking and forced prostitution.

• Any boy involved in the act of making or compelling a minor girl to elope with him without her consent would be liable for punishment under the provisions against kidnapping, abduction, and rape as specified by the Indian Penal Code.

Preventive and Safety Measures

In order to tackle and confront all the actions and attempts made by the concerned relatives for threatening, harming or killing the boy or the girl involved in the elopement, following steps can be taken:

• The couple can approach the respective High Court of their state demanding protection against the actions or attempts which might be committed against them in order to hurt or kill them.

• The wife or the girl involved in the elopement can go on to file a complaint in the concerned police station confessing that she had eloped with the boy or her husband with her own will and consent and there was no force or threat used by the boy or her husband against her in order to accomplish the elopement, and she anticipates that her parents and relatives may take hurt, threaten or even kill her husband.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

As per latest supreme court judgment two adults even though they did not attain the marriageable age can live together and get married after they attain the marriageable age.

You can be firm on your decision to get them married only after they both attain the marriageable age.

The girl side complaint may not be entertained by the police if the girl is firm in it stating that she voluntarily eloped with the boy and he has not forced to do so.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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