• Underage marriage

ye issue 2007 ka hein jab meri age 17 year ki thi. us time ek family ka hum log ke gher aana jaana tha. us family ki ek badi daughter(parul) apni choti daughter(shikha) ki shaadi mujhse karana chahti thi but meri family iske against thi.to badi daughter(parul)  mujhe convense karne lagi shaadi ke liye.us time meri age sirf 17 year thi to main kuch soch nhi paya.aur wo mujhe aryasamaj mandir le gayi waha meri shaadi kara di apne choti daughter(shikha) se.shaadi ke time mere gher se waha koi nhi tha aur na hi mera koi age prof laga because meri age marksheet main 11-11-1990 thi aur 2007 main mein 17 year ka tha.but mujhe sign karaye gaye the koi document per.shaadi k baad choti daughter(shikha) ek baar bhi mere gher nhi aayi because mere gher mein pata lag gaya tha tha.us incident ke baad se mera aur shikha ka koi contact nahi raha. sir mein ye puchna chata hu ki isme meri kya galti hein aur ye shaadi legal hein ya nahi.please sir hindi mein answer dijiyega.
Asked 1 year ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
2007 mein ye shadi illegal tha ( dhara 11 hindu vivah adhiniyam)aur isko court se avaidhya karaya ja sakta tha. lekin jo shadi suru se he illegal hai wo baad mein bhi illegal he rahta hai. Uski didi ko jante hue aisa vivah karane k liye abhiyojit kiya ja sakta hai. lekin iska koi fayda nahi hoga kyoki aisa krne par kafi farzi sabut pesh kiya jayega. aur aapko fasane ka koshish kiya jayega. 
ye shadi abhi bhi avaidhya hai. iska koi matlab nahi hai. yadi isko lago karwane k liye uski bahan cpurt jato hao to waha se bhi koi relief nahi milne wala. agar koi saboot pesh kiya jata hai court mein to us aadmi ke khilaf criminal action liya ja sakta hai. so aap nischint rahe ye shadi manya nahi hai.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Ap 21 sal honeka bad apko police me report darz karwana tha parul ki khilap,

2. Ap abhi bhi is barame report likha sakte is blke ki Parul ne boli ki apne uski daughter se shadi kiye hai 2007 sal me,

3. Ap bol sakte ki ap ko pata nahi ki cheating karke apse kis apper me sign karwa liya gia tha,

4. Apka uh shadi illegal hai.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1)  Prohibition of Child Marriage Act states that a girl in India can't marry before the age of 18, and a boy before 21

2)"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".


3) marriage is not a nullity .aapki  shaadi shikha ke saath legal hai . jab aap 21 saal ke ho gaye the aapkao court me arzi dalni chaiye thi for anullment of marraige 


4) aap divorce ke liye aarzi court me dal na . 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P. (Crl.) No.338/2008, Crl.M.C. No.1001/2011 & Crl.M.A. No.3737/2011,
 W.P. (Crl.) No.821/2008 and Crl.M.A. No.8765/2008, WP (Crl.) No.566/2010
Reserved on: 18.05.2012
% Pronounced on: 27.07.2012
1) W.P. (Crl.) No.338/2008
COURT ON ITS OWN MOTION (LAJJA DEVI) …..Petitioner
through: NEMO
VERSUS
STATE …..Respondent
through:Mr.A.S. Chandhiok, ASG with
 Mr.Baldev Malik for the UOI
 Mr. Pawan Sharma, Standing
 Counsel (Crl.) with Mr.Harsh
 Prabhakar and Mr.Sahil Mongia
 for the State
 Ms. Aparna Bhat for the
 National Commission for Women
2) Crl.M.C. No.1001/2011 & Crl.M.A. No.3737/2011
SMT. LAXMI DEVI AND ANOTHER …..Petitioner
through:Mr.Javed Ahmed
VERSUS
STATE (GNCT OF DELHI) & ORS. …..Respondent
through: Mr. Pawan Sharma, Standing
 Counsel (Crl.) with Mr.Harsh
WP(Crl.) No.338/08 and connected matters Page 2 of 62
3) W.P. (Crl.) No.821/2008 and Crl.M.A. No.8765/2008
MAHA DEV …..Petitioner
through:Mr. Arvind Jain with
 Mr.T.S. Chaudhary and
 Mr. Kuldeep Singh
VERSUS
STATE (GNCT OF DELHI) & ANR. …..Respondent
through: Mr. Pawan Sharma, Standing
 Counsel (Crl.) with Mr.Harsh
 AND
4) W.P. (Crl.) No.566/2010
DEVENDER @ BABLI …..Petitioner
through:Mr. M. Hussain
VERSUS
STATE (GNCT OF DELHI) & ANR. …..Respondent
through: Mr. Pawan Sharma, Standing
 Counsel (Crl.) with Mr.Harsh
CORAM :-
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJIV KHANNA
 HON’BLE MR. JUSTICE V.K. SHALI
A.K. SIKRI (Acting Chief Justice)
1. Five questions are formulated Five questions are formulated by the Division Bench in its order dated
31.7.2008 passed in WP(Crl.) No.338/2008 for reference to the larger
Bench. Though we shall take note of these questions at a later and more 
WP(Crl.) No.338/08 and connected matters Page 3 of 62
appropriate stage, we would like to point out at the outset that the issues
raised can be put in two compartments, viz., (i) what is the status of marriage
under Hindu Law when one of the parties to the marriage is below the age of
18 years prescribed under Section 5(iii) of the Hindu Marriage Act, 1955
and Section 2 (a) of Prohibition of Child Marriage Act, 2006 (hereinafter
referred as the „PCM Act?) and (ii) when the girl is minor (but the boy has
attained the age of marriage as prescribed) whether the husband he can be
regarded as the lawful guardian of the minor wife and claim her custody in
spite of contest and claim by the parents of the girl. What is the effect of the
Prohibition of Child Marriage Act, 2006?
2. After the aforesaid reference was made, as some other petitions involving
same questions came up for adjudication, they were also directed to be listed
along with Writ Petition (Crl.) No.338/2008. That is the raison d?etre that
all these petitions were heard together. We would be in a better position to
appreciate the issues involved if facts in each of these cases are taken note of
in the first instance.

PCM Act, 2006 does not render such a marriage as void but
only declares it as voidable, though it leads to an anomalous situation where
on the one hand child marriage is treated as offence which is punishable
under law and on the other hand, it still treats this marriage as valid, i.e.,
voidable till it is declared as void. We would also hasten to add that there is
no challenge to the validity of the provisions and therefore, declaration by
the legislature of such a marriage as voidable even when it is treated as
violation of human rights and also punishable as criminal offence as proper
or not, cannot be gone into in these proceedings. The remedy lies with the
legislature which should take adequate steps by not only incorporating
changes under the PCM Act, 2006 but also corresponding amendments in
various other laws noted above. In this behalf, we would like to point out
that the Law Commission has made certain recommendations to improve the
laws related to child marriage.
40.Be as it may, having regard to the legal/statutory position that stands as of
now leaves us to answer first part of question No.1 by concluding that the
marriage contracted with a female of less than 18 years or a male of less than 
WP(Crl.) No.338/08 and connected matters Page 51 of 62
21 years would not be a void marriage but voidable one, which would
become valid if no steps are taken by such “child” within the meaning of
Section 2(a) of the PCM Act, 2002 under Section 3 of the said Act seeking
declaration of this marriage as void.
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
1. Kiunki apka umar  21 sal hone ka pahlei apke shadi rachaya giya,

2. Larkao ke liye 21 sal aur Larki ke liye 18 sal hona zaroorat hai shadi karneke liye,

3. Us ke pahle shadi karnese uh shadi illegal kaha jata hai.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. Yeh vivah illegal hai. Us ladki ki baaton mein aakar vivah karney ki bajaye aapko apney parents ko batana chahiye tha.

2. Is vivah ko sampan karwaney ke pichey maksad aapsey paisey extort karna ho sakta hai.

3. Aap adalat mein apney vivah ko annul karwaney ke liye annulment ka case file karein. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Yeh illegal isliye hai kyunki jab vivah sampan hua tha tab aap minor they. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. aapki age 21 saal nhi thi isilye shaadi illegal hai.

2. shadi force aur dhoka dekar bahka kar ki gyi thi isiliye illegal hai.

3. isme aapki koi galti nhi thi bus aapke buchpane ka fayda un logo ne uthaya.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
undergae marriage may be illegal but the marriage itself very much valid and enforceable. The marriage does not become invalid merely because any of the spouses is underage.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0

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