Can a marriage be void or voidable if it was child marriage
Please advise me whether a marriage can be considered void ab initio or voidable. Can it be annulled. The marriage ( male did not treat it as marriage ever) took place in 2001 when male was 20 yrs old female may be 18+ or -. Male who was a student then was not accepting to get married to her. So father of girl fraudently with the boy and by force on his parents arranged everything and got them married. Then boy was freed. He then went to continue his study. He shocked with the trauma, even thought to give up his life, but being from poor family and the only hope of his parents, he just survived. Initially he thought he has lost his battle and shared some letters with girl. But as he grew he started becoming little strong. He thought he will not accept the marriage and he may fight his life. He had no physical relationship with the girl and did not do the gown a means bringing the girl to his home. Now he is successfnul government employee since 2006. Girl party aware of this tried everything to send his girl to him but failed. They are always threatening the boy and his gentle parents. They are also threatening with social pressure and legal action. Boy having risen from a poor background did not choose to take on them legally. But now the girls father is taking legal actions whatever way possible. So please advise what actions they may take. Hoe the boy would defend. Whether such marriage can be declared void ab initio or voidable and can be annulled. Can it be a case of desertion by the boy. He does not want to accept her as wife at any cost. It is almost 13 years of living single for him now.
Asked 2 years ago in Family Law from dhanbad, Jharkhand
Its not voidable now. If there is not chance of reconciliation, applying for divorce is the only option left to you. Reach out to her or her parents and convince her your wife for mutual consent divorce. It she decides to contest, it will take long time to get relief.
time limit for annulment is over you have to file for divorce mutually or regular depends on both of you
Advocate, Greater Noida
now you will have to go for mutual divorce
Advocate, New Delhi
1) annulment has to be filed within one year of marriage . in the present case marriage has taken place 13 years ago . hence no application for annullment can be made now .
2)although when marriage took place boy was only 20 years of age "A marriage in contravention of clause (iii) of section 5 (which fixes minimum age of twenty-one years for bridegroom and eighteen years for bride) does not fall in the category of void marriages nor does it fall in the category of voidable marriages. Consequently, by the process of elimination, it would be a valid marriage," the court said.
A bench of Justices B D Ahmed and V K Jain said that even under the Prohibition of Child Marriage Act the marriage involving minors has not been declared as invalid and the Act just says that the marriage can be annuled on this ground if plea is made by the minor partner.
3) in the present case on attaining majority boy did not make any such plea within period of 2 years . hence only option for boy is to file for divorce
no other option than approaching a court for divorce.You can get divorce go ahead and file it on grounds of grounds of cruelty and desertion. Once the matter comes in the court go for a settlement if you do not want to drag it as it may take few years.
The marriage cannot be annulled now as it is 13 years old. Action for annulment should have been brought within a year. albeit the foreclosing of right to seek annulment does not have any impact on the right of husband to file for divorce. If she does not agree to mutual divorce then he may unilaterally apply for divorce.