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Minor got married against her will by parents what step can be taken
27-Nov-2023 (In Criminal Law)
My cousin is married in our village against her interest . She is only 16 years old , and her parents against her and marrying her. As this is criminal offense to marry under 18 years old and against her interest is a big mistake so please help me as soon as possible to take this issue into concern. As we can see in India most people in village areas does these kind of marriages which are against law. So please look into this issue as reply me asap.
Dear,
The marriage of the minor girl is a void marriage and has no legal status. Assuming that both the parties are Hindus, the conditions for a Hindu marriage is mentioned under Section 5 in The Hindu Marriage Act, 1955, under which one of the conditions is that the bridegroom has to complete the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage. The girl's marriage with the man is void ab initio and the marriage does not effect or alter the status of party and the girl is not under any obligation to seek declaration of nullity from the court. File a police complaint against the parents of the bridegroom and the police will register FIR under various sections applicable and take action.
The marriage of the minor girl is a void marriage and has no legal status. Assuming that both the parties are Hindus, the conditions for a Hindu marriage is mentioned under Section 5 in The Hindu Marriage Act, 1955, under which one of the conditions is that the bridegroom has to complete the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage. The girl's marriage with the man is void ab initio and the marriage does not effect or alter the status of party and the girl is not under any obligation to seek declaration of nullity from the court. File a police complaint against the parents of the bridegroom and the police will register FIR under various sections applicable and take action.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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The new Act (Prohibition of Child Marriage Act, 2006) envisages preventing child marriages with enhanced punishments.
AS PER SECTION 3(1) OF THE 2006 ACT:
“Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage.”
FURTHER SECTION (12) STATES THE CONDITIONS UNDER WHICH A MARRIAGE WITH A MINOR IS VOID:
“Marriage of a minor child to be void in certain circumstances.-
Where a child, being a minor-
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void.
In simple terms it can be said that a girl in India can’t marry before the age of 18, and a boy before 21 as per the present laws. In the last few years this Act has been put to task to accommodate with the changing social conditions in the Indian diaspora. There are various Personal Laws vested with the citizens of different communities.
Marriage of a person with a girl whose age is below 18 is voidable. you can register a case with the police and they will take necessary action all of them who gone against her will and all of them will be penalized . for further you can contact at any time.
AS PER SECTION 3(1) OF THE 2006 ACT:
“Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage.”
FURTHER SECTION (12) STATES THE CONDITIONS UNDER WHICH A MARRIAGE WITH A MINOR IS VOID:
“Marriage of a minor child to be void in certain circumstances.-
Where a child, being a minor-
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or used for immoral purposes, such marriage shall be null and void.
In simple terms it can be said that a girl in India can’t marry before the age of 18, and a boy before 21 as per the present laws. In the last few years this Act has been put to task to accommodate with the changing social conditions in the Indian diaspora. There are various Personal Laws vested with the citizens of different communities.
Marriage of a person with a girl whose age is below 18 is voidable. you can register a case with the police and they will take necessary action all of them who gone against her will and all of them will be penalized . for further you can contact at any time.
Helpful?
24+
24+
Adv. Bala Murali
Hyderabad | 200+ Answers
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You can lodge a police complaint and on your complaint police will arrest the person responsible for minor girls marriage and book a case as it is against law. If you are not able to lodge a police complaint take help of any social organisation who can do that for society and help you.
Helpful?
12+
12+
Adv. Rekha Kumari
Hyderabad | 100+ Answers
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