Declaring a marriage as void Marriage
Gururja Rao
(Querist) 29 April 2008
This query is : Resolved
One of my friend resides at bihar, and his parents performed his marriage when he was Minor(at the age of 17) with a girl who was also a minor( at the age of 15). Now my friend is 24 years old and during the said wed lock there were no issues. Now My friend does not want to continue relationship with the girl as he started disliking her for the reasons best Known to him, but girl does't want to give divorce to him. Now my question is whether my friend can file a petition for decalration of his marriage as void marriage as it took place when he was minor and to dissolve his marriage with the girl? please advise me it is urgent.
Rajesh Kumar
(Expert) 30 April 2008
No, the marriage is perfectly valid. Since Hindu Marriage is not a contract, it is not necessary that all the ingredients of a valid contract should be satisfied. The marriage cannot be declared void.
H. S. Thukral
(Expert) 30 April 2008
I beg to differ a little in replying this query
As per section 5 iii of Hindu Marriage Act 1955, a marriage may be solemnised if the bridegroom has attained the age of 21 yrs and bride of 18 years. Section 12 of the Act speaks of voidable marriages and 12 c says that the marriage of minors can be annuled on the petition of either party if it is shown that the consent of the petitioner was obtained by force or fraud as to the nature of ceremony or as to any material facts or circumstances concerning the respondent.
In this case however the boy has kept quiet even after three years of attaining the adulthood. He can not take the plea of force or fraud now. Had he moved a petition immediately after completing the age of 21, perhaps he could have succeeded.
Gururja Rao
(Querist) 01 May 2008
Thank u both of u sir, but however my friend wants divorce from this girl, and under such circumstances on what grounds he can apporach the court to dissolve his marriage, kindly help him he is desperately in need of advise.
SANJAY DIXIT
(Expert) 04 May 2008
Dear Gururja,
You got your querry resolved by Mr Harbhajan & Mr Rajesh beautifully. If there is another querry, put it with fresh topic.
Manish Singh
(Expert) 05 May 2008
I wanted to speak on one issue that has been left for consideration. under hindu alw, if a child marriage has been solemnised, then the bride has the option to accept it between the age of 15 to 18 years. And if she does not accept it, the marrige becomes void but after accepting, it becomes a valid marrige.
so in this case the marrige is perfectly valid.
