My parents have done my child marriage when i was 4 year old.Now i am 26 but dont want to accept that relationship .I am graduate and doing somewhr job and want to concentrate on my career for 2 years. However that girl is not educated.Their parents forcing my family to bring her home .Please give me advice what i need to do now.
Asked 3 years ago in Family Law from Beawar, Rajasthan
child marriage prohibition act 2006 gives you provisions to approach a court to nullify the child marriage you had. The petition under this act sec.3(3) may be filed at any time but before the minor completes two years of attaining majority .So at present your marriage is regularised as per the law since you have not approached the court to nullify it within two years of your attaining 21 years. But now at the age of 26, you should seek other options under law to declare your marriage invalid. You do not have to continue in case you have not cohabited with her and and you do not prefer to to be with her. hence still you can approach a court to declare it null and void.Consult an advocate in person and proceed further. In case you prefer to continue the relationship it shall be treated legal until you take a step to dissolve it.
1) If, within two years from the date of attaining eighteen years in the case of a female and twenty-one years in the case of a male, a petition is not filed before the District Court under Section 3 (1) of the Prohibition of Child Marriage Act for annulling the marriage, the marriage shall become a full-fledged valid marriage
2) in your case no application was made within period of 2 years of attaining majority . hence your marriage is valid
3) if you refuse to accept your wife it will create innumerable problems for her . in the interiors till today divorce is a stigma
4) if your wife is agreeable file for divorce by mutual consent .
1. You could have filed an application for annulment of the marriage which was forced upon you, within 2 years of attaining marriageable adulthood.
2;. It is late for you now to disown your marriage,
3. Try to adjust with your wife, since she is not at fault but will suffer the most if you divorce her,
4. If she agees, you can go for mutual consent divorce.
When marriage is null and void
Marriage will be null and void in the following circumstances
Where minor child is taken or enticed out of the keeping legal guardian
By force compelled or by any deceitful means induced to go from any place
Is sold for purpose of marriage and go through a form of marriage or if the minor is married after which the minor is sold off or trafficked or used for immoral purpose
Such marriage shall be null and void
Advocate, New Delhi