X and Y, both Hindus, married in 2022. X, the husband was 21 years of age while the wife was 16 years…
Under Section 5(iii) of the Hindu Marriage Act, 1955 the bride must have completed 18 years, but breach of this condition is neither a ground of nullity under Section 11…
Choose your answer
X and Y, both Hindus, married in 2022. X, the husband was 21 years of age while the wife was 16 years of age. According to the provisions of the Hindu Marriage Act, 1955 (HMA), this marriage is -
Answer and explanation
Correct answer D
Under Section 5(iii) of the Hindu Marriage Act, 1955 the bride must have completed 18 years, but breach of this condition is neither a ground of nullity under Section 11 (which covers only clauses (i), (iv) and (v) of Section 5) nor a ground for annulment under Section 12; it is only punishable under Section 18(a). The marriage is therefore a "Valid marriage" under the Hindu Marriage Act, although under Section 3 of the Prohibition of Child Marriage Act, 2006 it is voidable at the option of the party who was a child.
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