Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, September 21, 2021

India: Minor Marriage Is Valid If Not Declaring Void At 18

From Times of India:

The Punjab and Haryana high court has ruled that a married minor can seek separation only through a decree of divorce before the age of majority if she did not declare the marriage void at 18.

Section 5(iii) of the Hindu Marriage Act, 1955, requires the bride to be at least 18 for union to be considered legally valid.

A petition for nullity under Section 13(2)(iv) can be filed if the girl married at the age of 15, filed petition for dissolution of marriage before turning 18. In this case, the girl married at 17 and did not file a petition to declare marriage void on attaining the age of majority, the high court held that a dissolution of marriage by mutual consent should be allowed by the family court.

Read more here.

https://lawprofessors.typepad.com/family_law/2021/09/india-minor-marriage-is-valid-if-not-declaring-void-at-18.html

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