Need. Divorce As At The Time Of Marriage I Was Minor

Asked in Divorce

  • ***********i

    Udaipur

Expert's Answers(4)

  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    The below given judgment also applies in your case since your marriage performed during your minority age. According to the Madurai bench of the Madras high court, a marriage between a minor girl and boy will not become void automatically unless one of them obtains a decree of divorce from a family court. This divorce decree must be obtained within two years of attaining the legal age for marriage. A division bench comprising justices S Manikumar and C T Selvam issued the ruling while setting aside the order of a lower court refusing to take on file a woman's divorce petition on the ground that she was a minor when she got married in 1995 and the marriage "automatically void". The bench said the Hindu Marriage Act, 1955, prescribes a minimum age for marriage, and any breach would render the marriage void under Section 11 or Section 12. However, Section 13 of the Act, which lists grounds for divorce, states that every child marriage shall be voidable at the option of the contracting party, provided that such marriage, whether consummated or not, is repudiated within two years of either of them attaining the legal age of marriage — 18 for women and 21 for men. This anomaly was taken note of by the HC, which expressed hope that Parliament would carry out necessary amendments to avoid complications.

    January 3, 2018
  • Advocate Bal Krishan Upadhyay

    Jaipur, Rajasthan
      1 Client Ratings

    in my opinion, only due to illustrate , you should nod discard him , only on this ground you can't get divorce , for divorce you will have to prove ground s given in sec 13 of Hindu marriage act

    December 28, 2017
  • Advocate Bal Krishan Upadhyay

    Jaipur, Rajasthan
      1 Client Ratings

    marriage solomoized in minority age ,. after getting mejority age with in one year minor can denied the marriage, but if he accepte by living wife he can not denied, so if you have same cercumstanc es you can challenge in family court by declaring such marriage void

    December 28, 2017