Wife below 18 yrs at the time of marriage. I want divorce. What to do?
I have been married for less than a year & I want to take a Divorce from my wife. This is not a mutual divorce. My wife's age was 17 years at the time of marriage and I have proofs for this. So, what is the procedure and how can I go about it?
There are contradictory High Court judgement on this aspect depending upon the facts of each case. While Delhi High Court had upheld a child marriage where both the husband and wife had consented to the same, the Madras High Court in a different case had held the opposite. The Madras High Court had held that a marriage with a minor is void.
Therefore, we suggest that you can file a petition for annulment of marriage on the grounds that your wife was a minor at the time of marriage and this fact was concealed from you and that you became aware of this fact after marriage.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Non payment of salary and pending dues more than 2 years post resign
- How can i claim custody of my 8 years old daughter
- Developer sold land not having ownership what action can I take
- I made the payment but owner in not giving possession, please advise.
- Sold residential property as a commercial under registered agreement