Annulment of Marriage for Adults Who Married as Minors under Indian Law

 Introduction

 

Marriage in India is governed by various personal laws, with the Hindu Marriage Act, 1955, being one of the primary statutes for Hindus. The legal age for marriage in India is 18 for women and 21 for men. Despite this, child marriages still occur, and individuals who were married as minors have legal remedies available to annul such marriages once they reach adulthood. This article explores the annulment process for individuals who married as minors under the Hindu Marriage Act, 1955, and other legal provisions in the Indian legal system.

 

 Legal Age and Validity of Child Marriage

 

According to the Hindu Marriage Act, 1955:

- The legal marriage age is 18 years for women and 21 years for men (Section 5).

- If either party was below the prescribed age at the time of marriage, the marriage can be declared voidable at the option of the minor spouse.

 

Despite being voidable, a child marriage is not automatically invalid under Indian law. This means it remains valid until it is annulled by a court of law.

 

 Annulment Provisions under the Hindu Marriage Act, 1955

 

The Hindu Marriage Act, 1955 provides a remedy for annulment through Section 13(2)(iv), which states:

- A minor spouse (who was below the age of 18 for women or 21 for men at the time of marriage) can file a petition for annulment within two years of attaining majority.

- Therefore, a woman has until the age of 20, and a man has until the age of 23 to file for annulment.

 

For the marriage to be annulled, the petitioner must establish that they were married as a minor and that they are seeking annulment within the stipulated time frame.

 

 Annulment Provisions under the Prohibition of Child Marriage Act, 2006

 

The Prohibition of Child Marriage Act, 2006 (PCMA) provides additional protections and remedies:

- Section 3(1): States that a marriage involving a minor is voidable at the option of the party who was a child at the time of marriage.

- The aggrieved party (who was a minor) can apply for annulment within two years of attaining the age of majority.

 

The PCMA, 2006, strengthens the legal framework by ensuring that the child spouse has the option to annul the marriage and not be forced into a relationship entered into during childhood.

 

 Legal Process for Annulment:

 

1. Filing the Petition: The party seeking annulment must file a petition in the family court or district court, citing the grounds that they were married as a minor and now wish to annul the marriage.

 

2. Proof of Minor Status: The petitioner must provide proof of age, such as birth certificates, school records, or other relevant documents, demonstrating that they were underage at the time of marriage.

 

3. Hearing and Judgment: The court will conduct hearings where both parties may present their case. If the court is satisfied that the petitioner was a minor at the time of marriage and has filed within the stipulated time frame, it will grant a decree of annulment.

 

 Consequences of Annulment

 

- Once annulled, the marriage is considered void from the beginning (void ab initio), meaning it is as if the marriage never took place.

- The annulled spouse is entitled to return to their original status before the marriage, with rights such as maintenance and custody of children (if any) determined by the court.

 

 Protection for Women under Other Legal Provisions

 

The Indian legal system offers additional protection under various laws:

- Domestic Violence Act, 2005: A woman can seek protection, maintenance, and residence orders, even if she was married as a minor.

- Section 125 of the Code of Criminal Procedure (CrPC): Provides maintenance rights to women, including those whose marriage has been annulled.

 

 Supreme Court's Stand on Child Marriage

 

The Supreme Court of India, in several judgments, has emphasized that child marriage is a human rights violation. It has reiterated the significance of the Prohibition of Child Marriage Act, 2006, and the need to protect children from forced marriages.

 

 Conclusion

 

The Indian legal system provides adequate remedies for individuals who were married as minors. Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, offer clear pathways to annul such marriages. The intention of these laws is to protect individuals from being bound by the consequences of a marriage that took place before they could legally consent. It is crucial for individuals who wish to annul such marriages to be aware of their rights and to take timely legal action to ensure their protection and well-being.


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