Issue with time of birth in Marriage
4 weeks ago
Hi Sir,
I wanted to know what legal actions are groom's family entitled to if the wrong time of birth of the bride was shared to the grooms family at the time of marriage ?
A.Dear Client,
Section 12 of the Hindu Marriage Act, 1955, pertains to voidable marriages, which are considered legitimate until one partner violates the prerequisites for marriage legality. In such marriages, both parties retain the rights and duties of marriage until a court dissolves the marriage through a decree. A marriage is deemed voidable if consent is obtained through force or fraud, where force can be physical or through threat, while fraud can include misrepresentation of age or concealment of facts. Consent obtained from the guardian of the petitioner through force or fraud is also grounds for voidable marriage under Section 12(1)(c) of the Act. Furthermore, Section 5(iii) of the Hindu Marriage Act mandates that the groom's age should be 21 years and the bride's age should be 18 years at the time of marriage. Non-compliance with this provision is punishable under Section 18 of the Act with imprisonment of up to two years, a fine of up to one lakh rupees, or both.
Section 12 of the Hindu Marriage Act, 1955, pertains to voidable marriages, which are considered legitimate until one partner violates the prerequisites for marriage legality. In such marriages, both parties retain the rights and duties of marriage until a court dissolves the marriage through a decree. A marriage is deemed voidable if consent is obtained through force or fraud, where force can be physical or through threat, while fraud can include misrepresentation of age or concealment of facts. Consent obtained from the guardian of the petitioner through force or fraud is also grounds for voidable marriage under Section 12(1)(c) of the Act. Furthermore, Section 5(iii) of the Hindu Marriage Act mandates that the groom's age should be 21 years and the bride's age should be 18 years at the time of marriage. Non-compliance with this provision is punishable under Section 18 of the Act with imprisonment of up to two years, a fine of up to one lakh rupees, or both.
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A.Dear Client,
Section 12 of the HMA, 1955, deals with voidable marriages. It can be regarded as a legitimate marriage until one of the partners violates the prerequisites for marriage legality. The parties of a voidable marriage have all the rights and duties of marriage until the court dissolves the marriage by a decree. A marriage will be deemed voidable if consent is obtained by force or fraud. Force can be physical force or threat. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent of either party. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud will also be a ground for a voidable marriage within the ambit of Section 12(1)(c) of the Hindu Marriage Act, 1955. Further, Section 5(iii) of the HMA, 1955, states that at the time of the marriage, the age of the groom should be 21 years and the age of the bride should be 18 years. This provision is neither void nor voidable. But, contravention of Section 5(iii) is punishable under Sec.18 of the Act with imprisonment of up to two years or with a fine which may extend to one lakh rupees or both. So, in the given situation, it is always advisable to consult with an experienced Lawyer handling matrimonial matters before taking any legal action against the family of the bride for sharing the wrong time of birth.
Section 12 of the HMA, 1955, deals with voidable marriages. It can be regarded as a legitimate marriage until one of the partners violates the prerequisites for marriage legality. The parties of a voidable marriage have all the rights and duties of marriage until the court dissolves the marriage by a decree. A marriage will be deemed voidable if consent is obtained by force or fraud. Force can be physical force or threat. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent of either party. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud will also be a ground for a voidable marriage within the ambit of Section 12(1)(c) of the Hindu Marriage Act, 1955. Further, Section 5(iii) of the HMA, 1955, states that at the time of the marriage, the age of the groom should be 21 years and the age of the bride should be 18 years. This provision is neither void nor voidable. But, contravention of Section 5(iii) is punishable under Sec.18 of the Act with imprisonment of up to two years or with a fine which may extend to one lakh rupees or both. So, in the given situation, it is always advisable to consult with an experienced Lawyer handling matrimonial matters before taking any legal action against the family of the bride for sharing the wrong time of birth.
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