• Married under age 20

Good evening Sirs,

We have a worker in our village where his son was married forcibly at the age of 18 and couple are living separately since then. Now the Bride side are threatening the boy to pay an amount to get seperated.. This happened 2 years back... Is this marriage Valid? (bridegroom age was less than 21 and he is still only 20). How should we proceed with this in the court of law? Please guide us.. Thank you
Asked 1 month ago in Family Law from Hyderabad, Telangana
Religion: Hindu

The marriage is voidable the boy.can file a annulment application before the court that he was forced to do marriage before attaining legal age.

Since now he is not major his parents can file for annulment of marriage.


A d a complaint for intimidation and threat can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

 

1) Section 3 of the Hindu marriage Act states that every child marriage, whether solemnised before or after the commencement of the Act, shall be voidable at the option of the contracting party who was a child at the time of marriage provided a petition for annulling the child marriage was filed in the district court concerned.The provision also imposes a restriction that such a petition should be filed before the child completes two years of attaining majority.

2) This would mean that a man could file such a petition before he completes 23 years of age whereas a woman should file the petition before she completes 20 years.

3) Boy can in attaining majority file petition for declaring marriage void as he was forced to marry against his wishes 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

1. The underage marriage is voidable at the option of the parties .

2. Even if the marriage is void then also the wife is entitled to maintenance unless and until the marriage is declared null and void. 

3. So the girl has made now wrong by claiming her maintenance as long as the marriage is nullified by the seal of the court.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

Yes this marriage is valid as it is complete but voidable if both the parties agree

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

You can file a petition to annul the marriage in family court

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

The boy can file a petition seeking to annul his marriage since the same is void for the reasons that it was force on him against his willingness and also that he was minor by age at the time of marriage.

He may consult a local advocate and file an annulment petition before it is getting barred by limitation.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Marriage of a person with a girl whose age is below 18 is voidable. It will subsist until it is annulled by a court under the Prohibition of Child Marriage Act. 

Such a marriage is not a Valid marriage  in the strict sense but it is  not invalid. 

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

This marriage shall be annul by court, boy have file petition in court within one year of becoming major , that he was under age at the time of marriage.

And even now he can file petition to annul marriage on same grounds. 

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

Now the marriage took place and in the eyes of law its void marriage and not a valid marriage.

 

So threatening won't be working here that should be done at the time of marriage on that day, so marriage could have stopped and he & his parents could have got punished.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

 This Marriage is a void marriage. The boy can file for annulment of marriage in family court in order to get a degree of annulment of marriage.

Siddharth Jain
Advocate, New Delhi
3849 Answers
42 Consultations

5.0 on 5.0

 According to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both. A marriage may be declared void if either party is under age. So his marriage is not a valid marriage.

Madras High Court in the case of (M.Janaki vs K.Vairamuthu on 29 February, 2016)  has held that a marriage involving a bride below 18 years of age and groom below 21 does not become void automatically without either of them approaching the Family Court concerned and obtaining a decree.

So solution is file 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:

Ajay N S
Advocate, Ernakulam
3106 Answers
59 Consultations

5.0 on 5.0

Dear Sir,

It is voidable marriage and since marriage was celebrated without the consent of the boy during his minority as such he not pay any compensation to the parents of girl.  On the other hand the boy may lodge a police complaint for threatening and also file divorce case before family court it can be declared void and accordingly marriage will dissolved.

In India the legal age of marriage for girls is 18 years and for boys it is 21 years, so technically the said marriage is not recognized under law though you may still find the marriages taking place below this age especially in remote areas and in families which have a very low income.

If the boy is 18, it would be unlawful. Prohibition of Child Marriage Act provides that a boy cannot marry before he attains the age of 21.

The marriage itself ispo facto is a null void in this case. Further possibilities can not be ignored of criminal proceedings against boy even the girl may take a sheltering lead to protect boy. Hence, it is totally illegal to enter into such contract.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

The boy could invalidate his marriage within 6 months of turning 21 years. Same with the girl....18.

An application must be filed with the family court.

Also a fir should be lodged against the girls relatives.

Regards 

Rahul Mishra
Advocate, Lucknow
3236 Answers
9 Consultations

5.0 on 5.0

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