Under-age marriage nullity
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
I have a moot-court competition where I've been given this family law case and I have to prepare an argument in favour of Rahul Raj. The case is as follows:
Rahul Raj and Meenakshi were married to each other by their parents on 26.06.2005 in Sangli
District of Maharashtra. Their families had arranged their marriage without consulting them.
Saptapadi and other rituals were performed according to their custom. The two were happy with
their marriage, and were compatible with one another.
On 23.04.2007, when Meenakshi was 16 years old, they had a son, loved and cherished by both.
In January 2008, Rahul realised that his income was not sufficient for a comfortable living,
decided to move to Pune in search of a better life. Meenakshi also agreed for this arrangement.
While leaving, Rahul promised Meenakshi that he would make proper arrangements in the city
for her and their son, and move them to Pune within a year.
While in Pune, he fell in love with Anjali, his colleague at work. He took legal advice, and sent
on 15 July 2009 to Meenakshi a letter stating that he was married when under-age, did not wish
to continue with the marriage, and hence avoided the marriage by the letter. He suggested in the
letter that he is in a position to take care of their son, if Meenakshi finds it difficult to do so.
Three months after sending the letter, he completed 21, and married Anjali.
In December 2009, Meenakshi approached the Family Court of Satara seeking restitution of
conjugal rights. She stated that she wished to continue her marriage and ensure that their son
grows up with his biological parents.
Rahul appeared in the proceedings and sought dismissal of the petition because they were no
longer husband and wife. He also applied for custody of their son.
In July 2010, he also filed in the same Court a suit for declaration that Meenakshi was not his
wife. He filed this suit under section 34 of the Specific Relief Act. He did not file a petition for
nullity under the Prohibition of Child Marriage Act 2006.
The petition and the suit are kept for final hearing. The Family Court of Satara has jurisdiction to
hear both matters. Argue for (i) Meenakshi and (ii) Rahul.
My query is.. How important is the letter that Rahul writes to Meenakshi stating that he was married when under-age and did not wish to continue with the marriage?? Is the letter legally binding even though Rahul was a minor when he sent it??
Another query is...Why did he file his suit under Specific relief Act and not under section 3 of Prohibition Of child marriage Act,2006?
R.Ramachandran
(Expert) 13 July 2011
I thought, being a student, you would have done enough research on the point, and checking up your findings with us for our view.
But, it seems you have straight away approached the LCI for a ready answer.
I would like you to do the research and come up with your views first.
prabhakar singh
(Expert) 13 July 2011
My query is.. How important is the letter that Rahul writes to Meenakshi stating that he was married when under-age and did not wish to continue with the marriage?? Is the letter legally binding even though Rahul was a minor when he sent it???
ANSWER:Its a meaningless letter.MARRIAGE DURING MINORITY OF SPOUSES DOES NOT BECOME VOID ABINITIO ,THAT MAY BECOME VOIDABLE BY DECREE OF A COURT BOTH UNDER THE HINDU MARRIAGE ACT, 1955 AS WELL AS UNDER THE PROHIBITION OF CHILD MARRIAGE ACT, 2006.
Another query is...Why did he file his suit under Specific relief Act and not under section 3 of Prohibition Of child marriage Act,2006?
ANSWER:REMEDY IS MISCONCEIVED AND SHALL NOT BE GRANTED.HIS SUIT WILL BE DISMISSED.
I further make it clear that Rahuls' 2nd mariage with Anjali is VOID ABINITIO.
AND Meenakshi AS WELL AS HER CHILD ARE ENTITLED TO MAINTENANCE .
Raj Kumar Makkad
(Expert) 13 July 2011
I completely agree with prabhakar singh and further add in response to your query that there are no points available to argue in favour of Rahul Raj.
Querist :
Anonymous
(Querist) 14 July 2011
Ramachandran Sir...I've been doing my research..It is just that I've found loads of information supporting meenakshi's case and I was wondering if anything at all goes in Rahul's favour...
Prabhakar Sir.. I've read the section 12 of Hindu Marriage Act..but the conditions mentioned for voidable marriages does not match the facts of the case.. And its not even Void because it does not meet the conditions mentioned in section 11..
I have also read the Prohibition Of Child Marriage Act,2006 and Section 3 would make the marriage voidable but he did not file a petition under this Act so will it apply to the case anyway??
Raj sir..I was wondering if the fact that the marriage was arranged "without consulting them" can be used in Raj's favour? This is a case of a moot court competition and usually they don't draft a one-sided case and there must be some catch..something that can be argued for Raj..I'm reading through books of Indian Law on marriage and divorce...but any suggestions from LCI will be highly appreciated!!
prabhakar singh
(Expert) 14 July 2011
RAHUL HAS NO CASE ,MINORS NOT CAPABLE,WHAT CONSULTATION THEN???????
SRA RELIEFS ARE DISCRETIONARY WHICH SHALL NOT BE GRANTED TO VALIDATE A VOID MARRIAGE.
