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?

 

Answer

 

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.

 


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