Child marriage
Fighter
(Querist) 21 December 2012
This query is : Resolved
Hi,
One of my neighbour (say Mr. X) was married in 1981. At that time her wife was 16 years old and He was about 24.
Actually, Mr. X's wife is his uncle's (his mother's elder brother) daughter. They were
in love at that time, and his father was opposing their affair. That's why Mr. X and
Mrs. X ran away and got married in a temple.
He is our neighbour from last 20 years.
And since that time I am observing his nature. Nobody can say that he love's his wife and they were in love sometime back. He is such a cruel person!
Now in this case, can anybody file a complaint against him under "Child Marriage Restraint Act, 1929"?
Her wife is a good nature woman and have traditional values. "Pati Parmeshwar" kind of thinking, that's why she is sustaining every pain and will not go against him.
But I want to give him some kind of punishment, so is it possible to drag him under "Child Marriage Restraint Act, 1929"?
Please clarify my doubt ASAP.
Raj Kumar Makkad
(Expert) 21 December 2012
No. Such stage has long long time ago has gone.
Such person can be brought under section 498A only but in this situation, her wife is required to assist the complainant which in the given facts is not possible.
Sudhir Kumar, Advocate
(Expert) 22 December 2012
Agreeing with Mr Makkar I would add that his wife has accepted the marriage on attaining the correct age at that time then who are you now to challenge the marriage.
His wife does not want to teach him a lesson then who are you to teach him a lesson,
How are you sure that the wife will depose against her husband.
Better keep quite instead of proving yourself as a mischievous persons (though you do not appear to be a bad man)
Raj Kumar Makkad
(Expert) 29 December 2012
Law is nothing but a common sense though common sense is not so common as is deemed to be common.
