Is marriage done by minor Hindu boy and Muslim girl valid

Question

Is marriage done by minor Hindu boy and Muslim girl valid

08-Jan-2023 (In Family Law)

Hindu boy of 18 years and Muslim girl of 15 years has eloped without the consent of their families.sources tell that they got married.so it is possible in this case that marriage is valid or not.

Answers (3)

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Advocate Chandrakant Tiwari LawRato · Accepted Answer · 2018-01-09T19:07:13+05:30

Answer #1

Marriage is not possible. Get an FIR registrated against the boy for kidnapping girl. Case will be registered Under section 636, 366, 370A, 376 IPC and 6 POCSO Act by police. Police have to track them.

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Advocate Utkarsh Srivastava LawRato · Accepted Answer · 2018-01-09T19:17:14+05:30

Answer #2

It's a voidable marriage. It is not void ab initio which means it can be nullified by the court on making an appropriate application before it. Secondly the question arises under what rituals the marriage has taken place. Under Hindu rites or muslims. Therefore the parents can file an application for nullity of the marriage.

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Advocate Roopesh Sharma LawRato · Accepted Answer · 2018-01-10T12:38:08+05:30

Answer #3

Since they r both from different religious background this fact in itself takes away the applicability of their respective religious laws. Therefore their marriage will fall under the perview of Special Marriage Act that specifically states that the persons marrying need to be adults. I don't think it is a valid or even a voidable marriage. Rest will depend on other facts.

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