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Marriage in young age valid or invalid

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Marriage

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Question: Marriage in young age valid or invalid. My question is that if a family has married their children at a young age, then their marriage will be valid? If the children have grown up later then it’s gonna be valid later? Or else it won’t be valid because the marriage happens at a young age? I just want to know more in detail about that thing. I hope you are going to give your best advice or proper details. 

Asked from: Telangana

According to Section 5 of the Hindu Marriage Act 1955, the age of bride and bridegroom should be 18 and 21 respectively. If this rule has been breached by the parties their marriage does not become void ab initio

In this situation, the parents and other person who has induced their marriage shall be punished under The Prohibition of Child Marriage Act, 2006

Punishment for child marriage

According to Section 9: Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.

According to Section 10: Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.

According to Section 11:- (1) Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees: 

Provided that no woman shall be punishable with imprisonment. 

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.

In certain condition the child marriage is void. When the child has been taken or enticed out from a lawful guardian, compelled to go for or sold for the purpose of marriage then such a marriage is void under Section 12. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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