• Bridegroom under-age marriage

24 years ago a male married, male age at the day of marriage is 20 minor years, bride age is 18 years,now what is the right way to male to get divorce or annulment, wife n male written mutual consent divorce agreement on stamp paper at home in panchayat recently give the correct solution or is bridegroom minor age is helpfull in divorce prosecution
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

Husband should file for divorce by mutual consent 

 

2) divorce agreement made by panchayat and signed by parties does not dissolve marriage 

 

3) you need court orders for dissolution of marriage 

 

4) file petition in family court for divorce by mutual consent 

 

5) no case for anullment made out after expiry of 24 years 

Ajay Sethi
Advocate, Mumbai
94800 Answers
7551 Consultations

5.0 on 5.0

Husband should file for divorce on grounds of mental cruelty 

 

2) husband has to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
94800 Answers
7551 Consultations

5.0 on 5.0

The groom can file a suit to declare the marriage as null and void on the ground of minority of the male for marriage.

If the under age of the groom is proved then the court can dissolve the marriage by a decree of nullity. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

It's advisable to opt for Mutual Consent Divorce in India.

Mutual Consent Divorce.

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

Mutual consent divorce is easy. Mutual petition will file in court. Divorce will grant in 6 to 7 months.  Divorce on stamp paper not valid. Court order is must.

If wife is not agree for divorce, file contested diovrce but ground of under age of at the time of marriage will not sustain. Long time spend now.

Have to file divorce on other grounds of cruelty or manage wife for MCD.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

After 24 years the situation don't remain the same. So your reason for divorce should also be different and not anullment.

 

If you're going for MCD make proper MoU agreement and produce same in the court for judge signature.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

The bridegroom being under age cannot be restricted from marriage if he is not a minor by age, however it is not void marriage but a voidable marriage.

You can better file a contested divorce case on the grounds of cruelty instead of filing an annulment petition

T Kalaiselvan
Advocate, Vellore
84999 Answers
2205 Consultations

5.0 on 5.0

If she is not agreeing for mutual consent divorce then you may file a contested divorce on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
84999 Answers
2205 Consultations

5.0 on 5.0

Dear Sir,

According to the Hindu Marriage Act 1955, section 5(3) of the Act specifically provides for the legally valid age for marriage for males and females. A male shall be aged above 21 and females shall be above the age of 18 years to be legally accepted as ‘ready for marriage’. Any of the party having age below the specified age in the act cannot solemnize the marriage and can face legal issues.

Also if such person below the requisite age is compelled to get married by their guardian or parents or by undue influence shall be held liable for child marriage which has been prohibited by the Prohibition of Child Marriage Act, 2006.

See, this question is slightly misleading, because marriage in India is covered under personal laws. So each religion has it’s own rules. Of course, there is the special marriage act as well, in case you do not want to get married under any religious law.

Under Hindu Marriage Act, Section 12 states certain situations where the marriage is void. When a marriage is void, it means that it is automatically considered an invalid marriage from the very beginning and there is no need to annul it. The following are the situations:

  • One of the spouses is impotent.
  • If the conditions for marriage have not fulfilled. Refer to the eligibility/conditions of marriage.
  • Before 1978, a guardian had to given consent on behalf of the child getting married. In cases where the consent was obtained by fraud or force, the marriage is invalid and void in nature. The reason this practice was not followed after 1978 is due to the implementation of the Child Marriage Restraint(Amendment) Act, 1978.
  • At the time of marriage, the woman was pregnant by some person other than the spouse.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can simply follow the divorce procedure. Age at the time of marriage is not material to file a divorce petition as your marriage is established.

If wife is not agree for MCD then file a contested divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Usually petition for Annulment of marriage has to be filed within one year of marriage. Annulments are rarely granted and mostly in case of bigamy or when either of the couple is below the legal age, insanity. 

You can file divorce on the ground of Mental Creulty.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If she is not agreeing then you can file constested divorce on the ground of Creulty .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- A per law, the best way to get divorce is mutual divorce , which even granted within a short period of time.

- Since, the said marriage was performed 24 years ago, hence on the ground of minor age , divorce will not granted, and the marriage will not considered for annulment. 

- If, wife is not ready for a mutual divorce then male should file a divorce on the prevailing ground faced by him, like cruelty , desertion /separation , mental cruelty etc.

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

No after 24 years age cannot be ground they have to.file mutual or contested divorce before the family court for divorce.

If both the parties are ready mutual divorce petition under section 13 B hindu marriage act can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

He has to file contested divorce if she is not coming for mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. option available for bridegroom is to file mutual consent divorce in court if wife is also willing to give divorce.

2. If she is not willing to give divorce then only option left is to file divorce petition against wife. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Annulment on such grounds can be made either within one year of marriage or within three years from the date of attainment of marriageable age. He can get divorce on other grounds like cruelty, desertion, adultery of the wife etc. Simple divorce agreement on stamp paper before panchayat is invalid and if he marries for second time he will be prosecuted for bigamy under Section 494 of IPC which is as follows. If he is a Government Servant he will lose his job also.

================================================================================

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You need to file contested divorce or annulment on basis of your facts 

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

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