Child marriage
3 years ago
Can anyone file a petition against child marriage after 15 years of marriage.please clarify sir
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client,
Its too late for the aggrieved to move to the concerned authorities as of now the child is major and her marital relations are good. in case of any harassment and ill treatment by the husband or his family members, she have other legal remedies.
Its too late for the aggrieved to move to the concerned authorities as of now the child is major and her marital relations are good. in case of any harassment and ill treatment by the husband or his family members, she have other legal remedies.
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A.No, it is very hard. Only the effected family persons or victim can file or through concerned authority ultimately if no evidence is there it will be dismissed.
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AJEET KUMAR YADAV
Responded 3 years ago
A.Yes if there is reasonable cause of delay
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Sidhaarth
Responded 3 years ago
A.No, it is highly belated and barred by limitation.
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A.Yes, it is possible
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Abhijit Banerjee
Responded 3 years ago
A.As the Child Marriage is not permitted in law, so the marriage on the basis of which you want to file a petition is itself a Void one.
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Srinivasa Prasad
Responded 3 years ago
A.Customs have an overriding effect on the law otherwise personal laws of various religions prescribe the Minimum Age as 18 and 21 for Girls and Boys respectively in Hindu Religion,
whereas Muslim Law prescribes the minimum age as that at which one attains puberty. This confers the status of Husband and Wife upon the parties to the marriage and the marriages are not void but merely voidable.
Thus such marriages would continue to be perfectly valid till the time either of the parties chooses to get it annulled.
There is an option of cancellation available to minor wives under Section 13(2)(iv) of Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939, and wherein she can, after attaining the age of 15 years and before attaining the age of 18 years, exercise the option to repudiate the Marriage.
Under Section 3(3) the Prohibition of child Marriage Act, 2006 both the boy as well as the girl have the right to opt out of marriage until two years after attaining majority i.e. up to the age of 20 years for a girl and 23 years for the boy.
In your case, it may not be possible, but the aggrieved party chooses to file petition after 15 years of marriage, it depends on the Courts Discretion and the reasons shown by the Petitioner.
It differs from CASE-TO-CASE
whereas Muslim Law prescribes the minimum age as that at which one attains puberty. This confers the status of Husband and Wife upon the parties to the marriage and the marriages are not void but merely voidable.
Thus such marriages would continue to be perfectly valid till the time either of the parties chooses to get it annulled.
There is an option of cancellation available to minor wives under Section 13(2)(iv) of Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939, and wherein she can, after attaining the age of 15 years and before attaining the age of 18 years, exercise the option to repudiate the Marriage.
Under Section 3(3) the Prohibition of child Marriage Act, 2006 both the boy as well as the girl have the right to opt out of marriage until two years after attaining majority i.e. up to the age of 20 years for a girl and 23 years for the boy.
In your case, it may not be possible, but the aggrieved party chooses to file petition after 15 years of marriage, it depends on the Courts Discretion and the reasons shown by the Petitioner.
It differs from CASE-TO-CASE
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