can any body tell me.....?
sandeep sangwan
(Querist) 01 August 2011
This query is : Resolved
sir,
i want to know about position and status of a child marriage, how can the minor after attaining the majority can nullified the marriage, and please tell me also the time limit for that (with the relevant section)?
R.Ramachandran
(Expert) 01 August 2011
Section 13 of the Hindu Marriage Act deals with Divorce.
According to Section 13(2)
a wife may present a petition for the dissolution of her marriage by a decree of divorce on the ground -
(iv) - that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Guest
(Expert) 02 August 2011
yes i agree with the experts
prabhakar singh
(Expert) 02 August 2011
NO OTHER OPINION ONE CAN HAVE EXCEPT THE ONE EXPRESSED BY Mr.R.Ramachandran
sandeep sangwan
(Querist) 02 August 2011
Dear experts thanks for ur's reply, but i have a quarry in my mind that if marriage between the two minors(child marriage)is not a valid marriage infect a voidable marriage then we have to annul it u/s-12(2)a, whit in one year. so, whats the need of sec-13 of the divorce under such a circumstance.Please tell me is i m right or wrong ?
sandeep sangwan
(Querist) 02 August 2011
Is Child marriage is come under section 12(1)c of H.M.A or not? If yes then such a situation then it is nullified u/s 12(2)a or not? please help me to solve this quarry.
Raj Kumar Makkad
(Expert) 02 August 2011
Sandeep! You are right. There is no need of getting divorce in such situation rather annulment of marriage can be got done under the provisions of section 12 (2) (a) of HMA within one year of attaining of majority if no consumation of marriage has taken place but if marriage has been consumated then divorce under section 13 (2) is required to be obtained.
sandeep sangwan
(Querist) 02 August 2011
Mr.R.K.Makkad sir thanks for ur opinion,But may u please tell me the provision linked with your opinion, because in s-12(2)c "consummation" is not mention in anywhere. Please reply me sir thanks.
sandeep sangwan
(Querist) 02 August 2011
Mr.R.Ramachandran sir thank you, But i have an another query if a male(husband) want to nullified/divorced his marriage held during in minority, then under which section he can do so, because s-13(2)4 is only for wife(female). Please reply me sir
Guest
(Expert) 02 August 2011
Consummation is the term in practice and it is used when both cohabited as husband and wife and made the intercourse during that time.
R.Ramachandran
(Expert) 02 August 2011
Dear Mr. Sandeep, there is no corresponding provision similar to Sec. 13(2)(iv) for a male if marriage was performed when he was a child.
As regards Sec. 12(2)(a)(i), it will come into play only when there was FRAUD AS TO THE NATURE OF THE CEREMONY (this should not be confused with reference to age of the parties) or any material fact.
