What is the punishment in the case of child marriage

601 votes

There is a punishment of imprisonment of 2 years or fine which may extended 1 lakh if found guilty of child marry.
Parents of both side will b punish.
If court found that parent were involve.
If they do love marriage without consent of parent then Pandit /Qazi or any person who was doing such act will b punish.

LawRato LawRato

953 votes

This is a contentious issue as the condition under hindu marriage act is that female should be 18 and male should be 21. But under hindu marriage act, if this condition is not met the marriage is neither void nor voidable. But punishment of 2 years can be granted. On the other hand under child marriage prohibition act such a marriage is voidable on the discretion of the minor party which in this case will be the male. Therefore the marriage will become legal once the groom attains the age of 21yrs unless he moves the court for annulment before he attains 23 yrs of age. Practically speaking all these issues come into play for the protection of minor brides. Regardless, it is illegal and punishable under Section 18 hindu marriage act.

Advocate Mallika Parmar LawRato

594 votes

Hi,

In your case, see there is a lag, means if someone does the child marriage and nobody have the objection for the same than there is no problem in future.
As in this case girl is major, and the problem always occur on the bride side.
And in most cases court decision is based on facts of the case and after that question of punishment shall arise.

Hope this will resolve your query.

Advocate Deepak Gandhi LawRato