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Girl married when she was not 18 domestic violence what are the rights


11-Dec-2023 (In Divorce Law)

My niece is turning 18 years in next few days. Her parents did engagement. The boy did marriage with the girl in ram mandir. The girl was not 18 years when she was got married. There was domestic violence with the girl as well. What are the rights of girl and is the marriage valid or not?

Answers (3)

Answer #1
639 votes
let me clear this Domestic Violence is nothing to do with marriage valid or not... yes surely the girl can proceed under Domestic Violence Act and can avail all the rights including maintenance under the provisions of the said act.
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Advocate Sagar Kothari

Adv. Sagar Kothari

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Answer #2
524 votes
Sec 5(iii) of Hindu Marriage Act states that the bridegroom should have completed 21 years and bride 18 years at the time of marriage whereas Sec 12 makes it voidable at the option of minor when she becomes major. So let her complete 18 years and take action under Domestic Violence Act.
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Advocate Aniruddha Prabhatkumar Pawse

Adv. Aniruddha Prabhatkumar Pawse

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Answer #3
741 votes
Marriage in this case is not valid as the girl on the date marriage was a minor. Therefore domestic violence will not come to operation. However if the evidence proves that marriage was consummated without girl's consent and forcefully physical relation was made,then there are other options which will need evidence. We will need to know D.O.B.,Date of marriage, proof of marriage, evidence of use of physical force without consent etc
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Advocate Vishva Handa

Adv. Vishva Handa

LawRatoNavi Mumbai | 5+ Answers
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