• Boy age as per Hindu Marriage Act

1. Is it a crime to do marriage (temple & then registration) of a boy of 20.5 years old ? with a girl completed 21 years.

What IPC sections can be implied;
2. If the boy marriage (20.5 years) was done against the will of his parents ?
3. If the boy marriage (20.5 years) was done against his will by forcing him & by isolating him from his paernts ?
4. If the boy marriage (20.5 years) was done against the will of boy & his parents ?
5. What should the boy & his parents do to dissolve this marriage registration after 1 month of the registration ?

Thank you very much for the needful help,
Best Regards.
Asked 2 years ago in Family Law
Religion: Hindu

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22 Answers

According to hindu law the age of marriage between a boy and girls is 21 and 18 respectively.

If marriage done between them then it's a voidable marriage.

The boy can dissolve the marriage by showing the age proof to the court.

Chandra Shekhar
Advocate, New Delhi
18 Answers

Not rated

1. File a suit for nullity of the marriage, if the boy was under 21 years of age at the time of marriage.

2. Marrying an elder girl is no offence. 

3. The marriage is voidable at the behest of the boy and hence he should file a suit for annulment of the marriage saying that the marriage was done by force. 

I hope this answers your query. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

1. Yes it is illegal.and marriage cannot be register. The legal age is 21 to marry.

2. The offence is punishable under child marriage prohibition act the family and members who participate can be punished.

3. For boy it is not.punishable but those who force it is punishable for them and marriage is voidable.

10. Punishment for solemnising a child marriage.—Whoever performs, conducts, directs or abets
any child marriage shall be punishable with rigorous imprisonment which may extend to two years and
shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe
that the marriage was not a child marriage.

4. Sane section 10 child.marriage prohibition act.

5. They can file.for annulment of marriage in family.court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

As per section 6 of child marriage restraint act 1929:

Punishment for parent or guardian concerned in a child marriage

(1) 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 solemnized, or negligently fails to prevent it from being solemnized, shall be punishable with 9[simple imprisonment which may extend to three months and shall also be liable to fine]:

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes 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 the marriage from being solemnized.

 

If the said marriage was done against the will of the boy and his family, then case of abduction can be filed against the persons responsible.

 

Also the said marriage is void and the boy can file a petition for annulment of marriage as per the provisions of Hindu Marriage act.

Siddharth Jain
Advocate, New Delhi
5627 Answers
67 Consultations

5.0 on 5.0

According to the Prohibition of Child Marriage Act, legal age for a girl to marry is 18 and for a boy it is 21. So, in your case, untill the boy attains the age of 21, court marriage will not be legally possible.

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

1) for valid Hindu marriage it is necessary that boy should be of 21 years age and girl 18 years of age 

 

2) boy can file petition for declaration that marriage is nullity  as he was underage and forced to marry against his wishes 

 

3) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Dear Querist

there is no offence of IPC but the parties may be prosecuted under section 18 of Hindu Marriage Act-1955 which is as under:-

 

18.Punishment for contravention of certain other conditions for a Hindu marriage.-

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), (v) and (vi) of section 5 shall be punishable-

(a) in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; and

(c) in the case of a contravention of the condition specified in clause (vi) of section 5, with fine which may extend to one

 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

Dear Sir,

1. Is it a crime to do marriage (temple & then registration) of a boy of 20.5 years old ? with a girl completed 21 years.
Ans: It is a crime under Child Marriages Act if it is literally interpreted. To avoid such inconvenience you can get A certificate from Medical officer or other ancestral records to establish that your age is more than 21 yeas thus you can save initiation of criminal case.

What IPC sections can be implied;

2. If the boy marriage (20.5 years) was done against the will of his parents ?
Ans: Parents can lodge complaint against the girl and her parents for the offence of kidnapping of their child etc,.

3. If the boy marriage (20.5 years) was done against his will by forcing him & by isolating him from his paernts ?
Ans: The boy or his parents can lodge family case to nullify such marriage.

4. If the boy marriage (20.5 years) was done against the will of boy & his parents ?
Ans: It is repetition of question

5. What should the boy & his parents do to dissolve this marriage registration after 1 month of the registration ?
Ans; Approach family court to declare above marriage as null and void and it is not known how it is registered when boy is under aged, it seems you are hiding something.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

1) The marriage is not void it will be called as voidable marriage. You are safe till nobody complaint from your family that you are under age.

 

Section 5 of Hindu Marriage Act, 1955 states:-

"Section 5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-

  1. neither party has a spouse living at the time of the marriage
  2. at the time of the marriage, neither party-
    1. is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    2. though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;

  3. the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;
  4. the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  5. the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two."

Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage;

The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy. In the original Act, the age of valid marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21 and 18 respectively for the boys and the girls through the Child Marriage Restraint (Amendment) Act 1978. Marriage of a female less than 18 years of age or a male of less than 21 years of age is voidable but not void: The marriage will become valid if no steps are taken by the minor spouse to seek a declaration that the marriage is void.

Finally, the Act specifically disallows marriages between prohibited degrees of relationships.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

If the boy is of 20.5 years as per legal documents produced for the age then it is illegal marriage and will be dealt with Child Marriage Act not under IPC.

Koshal Kumar Vatsa
Advocate, Gurgaon
2273 Answers
3 Consultations

5.0 on 5.0

Not crime but declare voidable with in one at the instance of boy on attaining majority.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

1. This is not considered as a crime but the said marriage will be treated as invalid.

 

2. It is not understood as to how the Registrar has registered the said marriage when the groom was not of marriageable age. Had he submitted any document to the Registrar, forged or otherwise, to show/prove that he is of mariagable age of 21 years?  If yes, then it will be considered as a crime but the wife or her family members will have the jurisdiction to sue the groom and his family members. If it has been mentioned in the applicatin for registration of the marriage duly signed by the groom.

 

3. The groom should file  an application for annulment of his marriage on the ground that he was forced to sign the said application for registration of marriage by others against his wish when he was not an adult.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

1.  If the boy is getting married before completion of the prescribed age, then his marriage will not be registered and it will be considered as void.

 

2. It is not a crime but the marriage will be void as per law.

 

3. Then he can protest this and file a petition seeking annulment of marriage for this reason.

 

4. The marriage will be void until the customs permit.

 

5. Marriage registration cannot be dissolved but a petition seeking annulment of marriage can be filed.

 

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

1. Under Hindu Marriage Act the statutory age of marriage is 21 years for a male and 18 years for a female. 

2. However, even if the marriage was solemnized by the boy without attaining the statutory age of marriage it is not an offence under any provision of IPC unless the case of the wife is that he induced her to consent to marriage by suppression of his real age.

3. The boy can file a petition for nullity to declare the marriage a nullity.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

no, it is not a crime to marry a boy of age 20.5. if the boy's marriage was done without his consent then as he was a major the court shall look into the relevant aspects and then dissolve the marriage if it finds that the marriage was performed forcefully. but as the boy is a major it would be difficult to justify that he was forced.

regards

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

It is a voidable marriage and can be cancelled as it's against the Provisions of law. 


It will come under Provisions of the Prohibition of child marriage Act 2006

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1. 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.

 

So you can file it after 2 years once you turn 21 or now.you can file it through parents.

Before the district / family court of the appropriate jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

1. Its valid but it should be within limitation after the knowledge of the said fact to him. The age during which the marriage took place will be considered and not the age of majority during filing of the nullity petition.

2.Family court.

3.The jurisdiction for the same will be family court but if not entertained then approach HC in writ jurisdiction.

4. they can file on behalf of the boy but the boys role is significant he needs to give the POA.

 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1) you cannot file petition directly in HC for anullment of marriage 

 

2) it has to be filed in family court 

 

3) it cannot be filed in sub court 

 

4) it is not must to file petition before boy attains 21 years of age 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1. The boy shall have to file the petition after attaining adulthood i.e. the age of 21 yerars and also within 1 year of his said marriage. It is not important whether the boy is living with the girl of not.

 

2. It can be filed befo0re the Sub-Judge also.

 

3. Such cases shall have to be first filed before the lower Court and not directly before the High Court. You can approach the High Court if you get any adverse order from the lower Court.

 

4. If the said marriage and its registration has been conducted without the knopwledge and consent of the parents of the minor boy, then hie father can file the annulmemntv petition as the guardian of the boy.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

1. To annul the marriage, a petition under section 12 of HMA to be filed before the family within the jurisdiction.

2. If there is a family court in your jurisdiction, then it can be filed only in family court.

3. It cannot be filed directly before the high court, it can be filed before the family court only.

4. Yes, they also can file

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

1. he may file it annytime

2. it has to be filed in the family court only 

3. no, it can not be filed in the HC

4. No

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

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