• Child marriage

Hi
   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.
Kind Regard's
Rajendra
Asked 2 years ago in Family Law from Beawar, Rajasthan
Religion: Hindu
Hi,
 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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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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 .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Dear Querist
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
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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