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A groom of 25 years of age marries a bride of 15 years of age. Under the Hindu Marriage Act, 1955 read…

Breach of the age condition in s. 5(iii) of the Hindu Marriage Act, 1955 (bride 18, bridegroom 21) is not a ground of nullity under s. 11 or s. 12 of that Act, but under s.…

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A groom of 25 years of age marries a bride of 15 years of age. Under the Hindu Marriage Act, 1955 read with the Prohibition of Child Marriage Act, 2006, this marriage is:

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Breach of the age condition in s. 5(iii) of the Hindu Marriage Act, 1955 (bride 18, bridegroom 21) is not a ground of nullity under s. 11 or s. 12 of that Act, but under s. 3 of the Prohibition of Child Marriage Act, 2006 a child marriage is voidable at the option of the contracting party who was a child at the time of the marriage. The bride may therefore have it annulled by a petition filed before she completes two years after attaining majority.

The marriage is also punishable: s. 18(a) of the Hindu Marriage Act penalises contravention of s. 5(iii), and s. 9 of the 2006 Act punishes a male adult above eighteen years of age who contracts a child marriage. (Before the 2006 Act such a marriage was valid but punishable.)

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