Site navigation

Under Section 3 of the Prohibition of Child Marriage Act, 2006, a Hindu minor's marriage is generally:

Under Section 3(1) of the Prohibition of Child Marriage Act, 2006, every child marriage is voidable at the option of the contracting party who was a child at the time of the…

Choose your answer

Under Section 3 of the Prohibition of Child Marriage Act, 2006, a Hindu minor's marriage is generally:

Select one answer
Answer and explanation

Correct answer C

Under Section 3(1) of the Prohibition of Child Marriage Act, 2006, every child marriage is voidable at the option of the contracting party who was a child at the time of the marriage, by filing a petition for a decree of nullity in the District Court before completing two years of attaining majority under Section 3(3). Although contravention of the minimum age condition in Section 5(iii) of the Hindu Marriage Act, 1955 is not separately listed under Sections 11 or 12 of that Act, the Prohibition of Child Marriage Act, 2006 is a special secular enactment that overrides personal law to give the minor spouse the right to have the marriage annulled (while rendering child marriages void ab initio only in the special circumstances of enticement, force, or trafficking under Section 12 of the 2006 Act). The traditional doctrine of factum valet cannot override this statutory right of annulment.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic