Suppression of minoity byr girl-marriage validity
R.Manivasagan
(Querist) 25 March 2012
This query is : Resolved
The wife of my client and her parenst suppresed the minoroty of the girl (She is 15 years old) and married to my client in a hurried manner, because she fall on love with a guy. now my client got all the detials of memory card, detail phone bill from prior to marriage till today.
1. Shall I file a civil suit for declaration that the marragie as null and void?
or
2. Shall I initiate a Divorce proceedings?
IF divorce would be initiatted is it possible to prove the suppression, adultry? please
Adv.R.P.Chugh
(Expert) 25 March 2012
Vakil Sa'b,
You can file a suit for nullity of marriage
u/s 12 on the grounds of your consent vitiated by fraud (as to material circumstance concerning the respondent i.e the age.)
*provided S.12 conditions are met.
You cannot directly annul marriage on account of age, as the Prohibition Of Child Marriage Act, 2006 gives that option only to the child party - to be exercised within 3 years of attainment of majority.
However when you go in for nullity, and they succeed in proving that you knew about the age - you be ready to face penal action also as it's an offence under the PCM Act, 2006 as well as the HMA. S.17 perhaps.
R.Manivasagan
(Querist) 25 March 2012
sir, my client did not marry anybody when the first marriage existance, so how section 17 of HMA would apply pls
Raj Kumar Makkad
(Expert) 25 March 2012
Neither section 17 nor 18 is applicable in the given facts rather this is a simple case of nullity on the basis of suppression of material fact. Go ahead and file this petition.
Adv.R.P.Chugh
(Expert) 25 March 2012
@Makkad Sir : 18 is certainly application IF knowledge on their part is proved and obviously applicable on the girl's parents.
Shonee Kapoor
(Expert) 25 March 2012
How does it come into picture, when you are filing for nullity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
