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Child marriage in 1994.. both boy and girl less than 18 years.

Can the boy now file a petition ?
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Can this be considered as an invalid marriage?
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Author Topic: Boy and girl child marriage  (Read 178 times)

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Offline Makmah

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Boy and girl child marriage
« on: January 02, 2018, 06:43:03 AM »
A boy and girl got married in the year 1994. They were of the age 17 years and 6 months (both of them). The boy was not happy with the marriage and was just in this 11 th class.
The girls' father was  a police inspector and had forced the marriage.

They never stayed together and later the boy married his beloved in the year 2001, both of them had attained the age of majority.

A case was filed in feb 2002 against the boy and several of his relatives with 498A, 494, dowary acts etc.... the case is still under witnesses.

Can the boy who was a child and minor be acquitted??

Offline advjaibansal

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Re: Boy and girl child marriage
« Reply #1 on: January 06, 2018, 05:49:50 AM »
Dear Sir,

I don't know the facts of the case but marriage below the maturity age is voidable, I mean it can be denied in the court. That the boy never acted on the marriage and both mutual got separated at that time. Details can be explained only after looking at the complaint girl has filed.

Regards,
JAI BANSAL, ADV.
Supreme Court OF INDIA
New Delhi, 9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Boy and girl child marriage
« Reply #2 on: January 06, 2018, 08:32:47 AM »
Dear frined,

They will be acquitted. No problem.

The law in length is as follows:

Consequences of void, voidable and valid marriages
1. NULLITY OF MARRIAGE-VOID OR VOIDABLE  TWO TYPES OF BAR/IMPEDIMENTS TO A MARRIAGE.  ABSOLUTE BAR-THEN MARRIAGE IS VOID.  RELATIVE BAR-THEN MARRIAGE IS VOIDABLE.  VOID MARRIAGE IS VOID AB INITIO I;E DOES NOT EXIST FROM VERY BEGINNING.  THEN WHY CALLED MARRIAGE? –BECAUSE THEY HAVE UNDERGONE CEREMONIES BUT THEY LACK CAPACITY TO MARRY.
2. NULLITY OF MARRIAGE-VOID OR VOIDABLE  THIS KIND OF MARRIAGE CAN NEITHER BE APPROBATED NOR RATIFIED.  DECREE OF NULLITY IS NOT NECESSARY IN CASE OF VOID MARRIAGE.  ONLY EITHER PARTY TO MARRIAGE CAN FILE A PETITION FOR NULLITY IF MARRIAGE IS VOIDABLE.
3. NULLITY OF MARRIAGE-VOID OR VOIDABLE       GROUNDS OF VOID MARRIAGE UNDER HMA [SEC 11] [APPLICABLE ONLY ON POST ACT MARRIAGE I.E 18 MAY 1955. BIGAMYPARTIES SAPINDA TO EACH OTHERPARTIES ARE WITHIN PROHIBITED RELATIONSHIP VOIDABLE MARRIAGES-PERFECTLY VALID SO LONG AS EITHER PARTY TO MARRIAGE DOES NOT AVOID BY FILLING PETITION OF ANNULMENT IN COURT.
4. NULLITY OF MARRIAGE-VOID OR VOIDABLE  ONE PARTIES DIES BEFORE CHALLENGING IT – CAN STRANGER CHALLENGE ?-NO  IF ONE PARTY TO EARLIER MARRIAGE REMARRIES W/O GETTING VOIDABLE MARRIAGE ANNULLED , LIABLE FOR BIGAMY.[WHILE PARTY TO VOID MARRIAGE CAN MARRY W/O ANY DECREE OF COURT]
5. NULLITY OF MARRIAGE-VOID OR VOIDABLE  RETROSPECTIVE DATE FROM DATE OF MARRIAGE-IF VOIDABLE MARRIAGE IS ANNULLED.  MARRIAGE IS DEEMED TO BE VOID FROM VERY INCEPTION.  WIFE CAN ASK FOR MAINTENANCE IN SUCH CASE U/S 125 CR.P.C BUT WIFE OF VOID MARRIAGE CAN NOT.  GROUNDS OF VOIDABLE MARRIAGE  IMPOTENCY OF RESPONDENT-RESPONDENT MUST BE IMPOTENT ‘AT THE TIME OF CONSUMMATION OF MARRIAGE.
6. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BUT IF INCOMPETENCY IS OCCASSIONAL , THEN IT DOES NOT AMOUNT TO IMPOTENCY  IF IT IS CURABLE THEN IT DOES NOT AMOUNT TO IMPOTENCY UNLESS RESPONDENT REFUSES TO UNDERGO TREATMENT  MERE BARENNESS/STERILITY OR NO UTERUS DOES NOT AMOUNT TO IMPOTENCY, WHEN INTERCOURSE. WIFE WAS CAPABLE OF HAVING SEXUAL
7. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BOP LIES SOLELY UPON THE PETITIONER.  EVIDENCE OF DOCTOR ASSUMES SIGNIFICANCE.  CONCEPT OF JUST GROUND-UNDER CR.P.C COURT MAY ORDER TO GIVE MAINTENANCE TO WIFE WHO IS LIVING SEPARETELY.  IMPOTENCY IS ALSO A GOOD DEFENCE TO A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.  WHERE THE FACT OF IMPOTENCY WAS SUPPRESSED-OTHER CAN ALSO CLAIM DAMAGE FOR MENTAL AGONY AND CHEATING.
8. NULLITY OF MARRIAGE-VOID OR VOIDABLE  MENTAL UNSOUNDNESS-DISCUSSED EARLIER  FRAUD OR FORCE-ABSENCE OF FREE CONSENT RENDERS THE MARRIAGE          VOIDABLE.[12(1)(C) IF CONSENT OBTAINED BY FRAUD OR FORCE PETITION MUST BE PRESENTED WITHIN ONE YEAR OF THE DISCOVERY OF FRAUD OR CESSATION OF FORCE. ONCE DISCOVERED, PETITIONER MUST NOT HAVE LIVED WITH OTHER AS HUSBAND OR WIFE. ANY MARRIAGE SOLEMNIZED BEFORE OR AFTER COMMENCEMENT OF ACT. A SINGLE ACT OF SEXUAL INTERCOURSE AFTER SUCH DISCOVERY WILL BE FATAL TO PETITION. FORCE IMPLIES COERCION OR UNDUE INFLUENCE. CONCEALMENT OF FACT MUST RELATE TO NATURE OF CEREMONY OR WHICH CAUSES AN INTERFERENCE WITH THE MARITAL LIFE AND PLEASURE. E.G CONCEALMENT OF IDENTITY, SERIOUS DISEASE, AGE , RELIGION, CASTE, NON DISCLOSURE OF PRE-MARRIAGE STATUS [DIVORCEE] AMOUNTS TO FRAUD.
9. NULLITY OF MARRIAGE-VOID OR VOIDABLE  CONCEALMENT OF PRE MARRIAGE RELATIONSHIP AND EVEN DELIVERY OF CHILD DOES NOT AMOUNT TO FRAUD  LAW COMMISSION ---IGNORE OTHERWISE MOST OF THE MARRIAGES WOULD BECOME VOIDABLE.  CONCEALMENT OF FINANCIAL STATUS AND EDUCATIONAL QUALIFICATION IS FRAUD [ANURAG ANAND V.SMITA ANAND AIR 1997 DEL  A MINOR GIRL CAN AVOID MARRIAGE U/S 12(1)(C) IF SHE WAS MARRIED AGAINST HER CONSENT AND WISHES.  PRE MARRIAGE PREGNANCY IS GROUND OF VOIDABLE MARRIAGE NOT ‘PRE MARRIAGE UNCHASTITY  WIFE PREGNANT AT TIME OF MARRIAGE OTHER THAN PETITIONER [HUSBAND]
10. NULLITY OF MARRIAGE-VOID OR VOIDABLE  PETITIONER DID NOT AT TIME OF MARRIAGE KNOW IT  PETITION MUST BE PRESENTED WITHIN ONE YEAR OF MARRIAGE.[PARSI-2 Y]  MARITAL INTERCOURSE DID NOT TAKE PLACE WITH PETITIONER’S CONSENT AFTER THE DISCOVERY OF PREGNANCY BY PETITIONER.  BOP ON PETITIONER-HOW-HUSBAND HAD NO ACCESS TO HER BEFORE MARRIAGE [E.G JAIL/OUTSIDE INDIA ETC
11. NULLITY OF MARRIAGE-VOID OR VOIDABLE  BIGAMY-ANY MARRIAGE SOLEMNIZED AFTER COMMENCEMENT OF THIS ACT  PUNISHMENT MAY EXTEND TO 7 YRS AND ALSO FINE.  IF PREVIOUS MARRIAGE WAS NOT DISCLOSED TO PERSON THEN PUNISHMENT MAY EXTEND 10 YEARS AND ALSO FINE  HUSBAND ENTERED INTO SECOND MARRIAGE BUT COULD NOT PERFORM CEROMANIES REQUIRED FOR MARRIAGE , HELD NOT LIABLE FOR MARRIAGE.
12. VOID AND VOIDABLE MARRIAGE  FIRST WIFE CAN NOT FILE A SUIT TO DECLARE SECOND MARRIAGE VOID U/S 11.  SHE CAN FILE DECLARATORY SUIT U/S 34 OF SRA 1963.  BIGAMY IS MATRIMONIAL WRONG BUT IT IS VERY DIFFICULT TO PROVE.  FACT IS BIGAMOUS MARRIAGE IS PERFORMED W/O STRICTLY OBSERVING ALL CEREMONIES.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

Offline Makmah

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Re: Boy and girl child marriage
« Reply #3 on: January 07, 2018, 03:26:39 AM »
Thank you , Jai sir and Krishna sir....

 

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