Child marriage.
2 years ago
One of my male friend got married' in temple without registration and proper ritualist manner without his willing at the age of Just 17 yrs and his spouse was at that Time 22 years of age .their marriage didn't work .he wanted to get rid of that marriage but his In law's started creating mental pressure and abusive behaviour on him its been 7 years but nothing worked between them , he wants to move forward in his life want to Marry and start new life . will it be legal to Marry second one if first' marriage is child marriage . in the eye of court what will be the correct procedure ? As his first marriage boy has already boycotted his spouse since long . What will be his future .as there is no parents alive now .
Sidhaarth
Responded 2 years ago
When a marriage takes place before the legal age, it is deemed lawful if the proper rites are followed. Because all of the rites have been performed and the marriage has been consummated, it is deemed legal. As a result, the only way to move ahead in the current circumstances is to seek a divorce by mutual consent.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Marriage not at the legal age is considered to be legal once it is done with the rightful ceremonies. Here since all the ceremonies have been completed and consummation of marriage took place, therefore, it is considered to be legal. Therefore, the only way to move forward is to get a divorce by mutual consent in the present situation.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
As per the PROHIBITION OF CHILD MARRIAGE ACT, 2006,
“child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
“child marriage” means a marriage to which either of the contracting parties is a child.
As per Section 3 of the PROHIBITION OF CHILD MARRIAGE ACT, 2006, this child marriage shall be voidable at the option of your male friend who was a child at the time of the marriage and at any time but before completing two years of attaining majority, he was entitled to file before the District Court a petition for annulling that child marriage by a decree of nullity, however, even after expiry of that stipulated period,your friend by taking leave of that Court can file such petition for annulling that child marriage.
Until and unless the first marriage is declared as null and void, second marriage cannot be done.
Sachin Pawar
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