Family - I got married in 24th November 2012 Family - I got married in 24th November 2012

10 months ago

I got married in 24th November 2012. since last 6 year my wife live sapretly. and thats why i send her a legal notice under section 9. but after the notice she put sction 376, 354, 498,406 on me .when the police submit the challan court founnd that she is not 18 years old at the time of marriage . and i dont have any idea about this so pls give some advise in this matter.

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
History of the case and documents are required. Normally, such right can be exercised by the wife within a reasonable time. Thus, complaint may be treated as time barred and after thought because such complaint was lodged only after receipt of your legal notice. If you go to High Court challenging such FIR it may be quashed.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
The Hindu Marriage Act, 1955 sets the minimum age of 18 years for girls/brides and 21 years for boys./bridegrooms. As per the prohibition of the Child Marriage Act, 2006 marriage below the recommended age as prescribed under HMA, 1955 or Spl. Marriage Act, is prohibited under the said legislation and treated as illegal and voidable at the option of the minor party. In the prevailing situation, reach out to an Advocate for proper guidance and steps for defending the legal consequences arising out of the complex question of facts and laws. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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