Hindu marriage
Gaurav Pandya
(Querist) 18 August 2012
This query is : Resolved
A & B married in 2001 in Gujarat.
But A was neither 21 year old nor B was 18 years old...
During one year after marriage, they got child.
Now,
(1) is it possible to Registration of Marriage ?
(2) How it possible to issue Passport ?
What should be done ?
ajay sethi
(Expert) 18 August 2012
one of the conditions of a hindu marriage is that the bride should have completed 18 years age and the bridegroom, 21 years.
a hindu marriage solemnized in contravention of clause (iii) of section 5 of the HMA cannot be regarded as a void or invalid marriage.only punishable under section 18 of the Hindu marriage Act with imprisonment of 15 days and a fine of Rs 1000/- as also under the provisions of Child marriage Restraint Act.
it cannot be registered if both are minors at time of marriage
ajay sethi
(Expert) 18 August 2012
Rajasthan moves to register child marriages
TNN Jan 23, 2010, 04.25am IST
JAIPUR: The Rajasthan government's decision to register all marriages, including child marriages, has stirred a huge controversy. The NGOs are protesting against this saying it would promote child marriages.
But the government claims this won't give legal sanction to the social evil. The Bill requiring registration of all marriages was passed last year. The government has now started the process to frame the law.
Devajyoti Barman
(Expert) 19 August 2012
1. Yes possible.
2. Apply for registration under HMA.
Under age marriage does not make a marriage invalid.
Gaurav Pandya
(Querist) 19 August 2012
Thank you ajayji and Barmanji...
Barmanji, we are very sorry but we dont know the proceedure which you say... Please describe me or give me your Mobile No. and your time, so that we may talk ...
Gaurav Pandya, Advocate,
Jamnagar Gujarat.
M. 9898 59 8184
