aditya (junior) 15 October 2011

Rape and balika vadhu

According to section 375 of IPC, it is not a rape when husband have s*xual relations with his wife if she is not below 15 years of age, now suppose if she is 16 years of age or 17 years then its not a rape in marriage relation....My question is that how is such a marriage legitimate.For marriage, above 18 is the requirement, then howcome a marriage of 21 year old boy and 16 or 17 year old girl is not illegitimate de juris....?

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(Guest)

remind yourself we need legal reforms...

Adv. Subhadeep Saha (Lawyer.) 16 October 2011

such a marriage is not void ab initio but only voidable at the option of either party. refer sec.12 of hindu marriage act r/w sec.5. if the marriage is not avoided by either party & not declared by a court of competent jurisdiction to be void then such a marriage is absolutely valid. remember, solemnizing child marriage is punishable in law but the law does not render the marriage itself void. the law is always in favour of holding the validity of a marriage.