Marriage With Minor Girl Is Valid If She Is Willing To Cohabit With Husband After Attaining Majority: Bombay HC [Read Order]
5 years, 8 months ago

Marriage With Minor Girl Is Valid If She Is Willing To Cohabit With Husband After Attaining Majority: Bombay HC [Read Order]

Live Law  

The Bombay High Court on Thursday heard a petition filed by a 56-year-old lawyer accused under Sections 376, 323 and 496 of Indian Penal Code 1860 and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012, and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 for quashing of FIR u/Section 482 of IPC. Submissions Petitioner's lawyer Senior Counsel Ashok Mundargi submitted that marriage of petitioner No.1 with respondent No.2 is voidable marriage under the provisions of the Prohibition of Child Marriage Act. Since respondent No.2 is ready to cohabit with petitioner No.1 as his legally wedded wife, the marriage which otherwise is voidable, becomes valid. Then, Ashok Mundargi took instructions from his client and informed the court that 6 acres of land has already been transferred in the name of respondent wife by the petitioner.

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History of this topic

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'
6 days, 22 hours ago

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

Live Law  

The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected. 1 is less than 21 years of age because both the petitioners are shown to be major being above 18 years of age and …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 2 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 4 months ago

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

Firstpost  

The incident came to light through a first information report filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the accused visited their residence four to five times and committed sexual assault The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting …

Explained | Why is the Supreme Court examining marriage laws for minors?
1 year, 11 months ago

Explained | Why is the Supreme Court examining marriage laws for minors?

The Hindu  

The story so far: Earlier this month, the Supreme Court announced that it would examine whether minor girls, as young as 15 years, can marry on the basis of custom or personal law when such marriages are considered an offence in statutory law. On January 13, the Supreme Court said it would examine whether girls as young as 15 years …

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court
1 year, 11 months ago

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of …

Supreme Court to examine whether girls aged 15 can be married off under Muslim personal law when statutes make it an offence
1 year, 11 months ago

Supreme Court to examine whether girls aged 15 can be married off under Muslim personal law when statutes make it an offence

The Hindu  

The Supreme Court on January 13 decided to examine whether girls as young as 15 years can enter into wedlock on the basis of custom or personal law when such marriages constitute an offence in statutory law. Chandrachud issued a formal notice on the petition filed by the National Commission for Protection of Child Rights against a recent order of …

SC seeks Centre’s response on NCW’s plea seeking uniform marriageable age
2 years ago

SC seeks Centre’s response on NCW’s plea seeking uniform marriageable age

Firstpost  

The petition, which cited a recent decision of the Delhi High Court allowing a minor Muslim girl’s marriage on the ground that it is permitted under the Muslim personal law, sought equal application of penal laws to Muslim women who were married off before attaining the age of majority New Delhi: The Supreme Court has sought the Centre’s response on …

HC says Law Commission needs to rethink age criteria for consensual sex
2 years, 2 months ago

HC says Law Commission needs to rethink age criteria for consensual sex

The Hindu  

The High Court of Karnataka has said that the Law Commission of India will have to rethink the age criteria in law for having consensual sex to address the issue of instances of sexual intercourse as a result of mutual love affair amongst minor girls and boys, who are aged above 16 but are below 18. A Division Bench, comprising …

Muslim girls above 15 years can marry, it would not violate the Prohibition of Child Marriage Act: Punjab and Haryana HC cite Sharia law
2 years, 2 months ago

Muslim girls above 15 years can marry, it would not violate the Prohibition of Child Marriage Act: Punjab and Haryana HC cite Sharia law

Op India  

The Punjab and Haryana High Court recently reaffirmed that a Muslim girl who reaches the age of 15 can marry whoever she wants, and such a marriage would not violate the Prohibition of Child Marriage Act. In his order, Justice Vikas Bahl stated, “Such a marriage would not be void in terms of Section 12 of the Prohibition of Child …

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine
2 years, 2 months ago

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine

Firstpost  

NCPCR has challenged an order of Punjab and Haryana High Court from June this year wherein it had cited Sharia Law and held that a 16-year-old Muslim girl could enter into a valid marriage New Delhi: The Supreme Court has agreed to examine a petition of the National Commission for Protection of Child Rights challenging an order of Punjab and …

Delhi HC cites Sharia to justify child marriage, calls a 15-year-old's marriage legal
2 years, 4 months ago

Delhi HC cites Sharia to justify child marriage, calls a 15-year-old's marriage legal

Op India  

The Delhi High Court recently justified child marriage by upholding the legality of a 15-year-old minor girl’s marriage, stating that she is of ‘Marriageable Age’ under Islamic Sharia Law. Granting protection to the couple, the Court observed: “It is thus clear that as per Mohammedan Law girl who had attained the age of puberty could marry without the consent of …

Minor girl can marry without parents consent under Muslim Personal Law, says Delhi HC
2 years, 4 months ago

Minor girl can marry without parents consent under Muslim Personal Law, says Delhi HC

India Today  

The Delhi High Court, while hearing a case on Tuesday, observed that as per the Muslim Personal Law, a minor girl who has attained puberty can marry without her parents’ consent. The court rejected arguments that the Protection of Children from Sexual Offences Act might be applied in such cases and said the act’s objective is to ensure that children …

Muslim girl aged above 15 competent for marriage: Punjab and Haryana High Court
2 years, 6 months ago

Muslim girl aged above 15 competent for marriage: Punjab and Haryana High Court

The Hindu  

The Punjab and Haryana High Court has held that a Muslim girl above 15 years of age is competent to enter into a contract of marriage with a person of her choice. Justice Jasjit Singh Bedi’s assertion came during a petition filed by a Muslim couple, who fell in love and solemnised their marriage on June 6, 2022, as per …

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days
3 years ago

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days

Live Law  

Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. Noting that the girl was nearly 18 years old, the Court after perusing her statement observed thus: "The petitioner has married "K" and is living happily with him. On …

Merely Because Adult Boy Is Not Of Marriageable Age, It Would Not Deprive Young Couple Of Their Right To Live Together: P & H High Court Grants Protection To Live-In Couple
3 years ago

Merely Because Adult Boy Is Not Of Marriageable Age, It Would Not Deprive Young Couple Of Their Right To Live Together: P & H High Court Grants Protection To Live-In Couple

Live Law  

While dealing with the protection plea of a young couple in a live-in relationship, the Punjab and Haryana High Court on Tuesday observed that merely because the adult boy is not of marriageable age, it would not deprive the young couple of their fundamental right as enshrined under Article 21 of the Constitution. Justice Harnaresh Singh Gill was adjudicating upon …

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC
3 years, 3 months ago

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC

India Today  

A division bench of the Punjab and Haryana High Court has ruled that a marriage contracted with a minor girl would be legally valid if the child upon turning 18 does not declare it void. It would become valid if no steps are taken by the ‘child’ to declare the marriage void on attaining majority, the high court ruled. “In …

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man
3 years, 5 months ago

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man

Live Law  

Calling it a shocking case, the Punjab and Haryana High Court on Monday directed a team of police officials to enquire into the marriage of a 19-year-old Girl with a 67-year-old man.The Bench of Justice Jasgurpreet Singh Puri was hearing the protection plea of the couple who claimed that. Calling it a shocking case, the Punjab and Haryana High Court …

'Permit Her To Live Her Own Life': Gujarat HC Directs Parents Of 18 Y/O Girl To Not Harass Her For Wanting To Marry Boy Aged 19Yrs After Attaining Marriageable Age
3 years, 5 months ago

'Permit Her To Live Her Own Life': Gujarat HC Directs Parents Of 18 Y/O Girl To Not Harass Her For Wanting To Marry Boy Aged 19Yrs After Attaining Marriageable Age

Live Law  

The Gujarat High Court has directed parents of a 18 year old girl to not harass her for wanting to marry a boy after him attaining the age of marriage.Expecting that the parents will permit the girl to live her own life as per her choices, a division judge bench comprising of Justice RM Chhaya and Justice Nirzar S Desai …

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage
3 years, 6 months ago

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage

Live Law  

The Supreme Court on Monday tagged the petition challenging provisions which prescribe different ages for eligibility of marriage for the intended bride and groom with a pending petition seeking transfer of petitions before Rajasthan High Court and Delhi High Court that seek for a uniform marriage age for both men and women.A Bench headed by Justice AM Khanwilkar heard Senior …

"Minor Girl Residing With Adult Male In Live-in Relationship Not Morally, Socially Acceptable; Court's Seal Of Approval Cannot Be Allowed": P&H HC
3 years, 6 months ago

"Minor Girl Residing With Adult Male In Live-in Relationship Not Morally, Socially Acceptable; Court's Seal Of Approval Cannot Be Allowed": P&H HC

Live Law  

Refusing to grant protection to a couple living in a live in relationship, the Punjab and Haryana High Court has observed that a minor girl residing with an adult male in a live-in relationship is not morally and socially acceptable.A single judge bench comprising of Justice HS Madaan observed thus:"A minor girl residing with an adult male in a live-in …

It Is Necessary To Remind States To Eradicate Child Marriage Menace: Punjab & Haryana High Court
3 years, 6 months ago

It Is Necessary To Remind States To Eradicate Child Marriage Menace: Punjab & Haryana High Court

Live Law  

Hearing the protection plea of the petitioners, who are yet to attain the marriageable age, the Punjab & Haryana High Court recently declined to provide them protection, and the writ petition was dismissed while noting that that the issue to eradicate child marriage menace needs to be considered by the State.The Bench of Justice Manoj Bajaj was hearing the plea …

Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court
3 years, 8 months ago

Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently observed that even though Muslim Personal law permits marriage upon attaining the age of puberty, the Prohibition of Child Marriage Act, 2006 is a secular law and does not make any such distinction on the basis of religion. "Even though as per the Muslim Personal law a valid marriage can be contracted between …

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court
3 years, 9 months ago

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court

Live Law  

The Madras High Court recently observed that the concept of marriage in the present generation is taken very lightly and even for trivial issues, they file divorce, and marriage is broken. The Court also observed that the husband did not plead that the wife's inability to give birth to a child is 'Impotency', however, he did seek for annulment of …

Daughter Has Every Locus To Question Validity Of Father's Second Marriage: Bombay High Court
3 years, 9 months ago

Daughter Has Every Locus To Question Validity Of Father's Second Marriage: Bombay High Court

Live Law  

On Wednesday, the Bombay High Court authoritatively ruled that a daughter could present a petition challenging the validity of her parent' second marriage. Applying Rule 2, Order II of the Civil Procedure Code, the Family Court opined that the appellant had relinquished her right to claim the relief of nullity of marriage as against the respondent when she filed her …

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea
3 years, 9 months ago

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea

News 18  

A Bombay Court ruled on Thursday that a child can rightfully question the marriages of their parents by approaching the Family Court. The verdict was given by a division bench of Justice RD Dhanuka and Justice VG Bisht while quashing a Family Court’s order dismissing a plea filed by a 66-year-old daughter who had questioned the second marriage of her …

17-Yr-Old Muslim Girl Marries 36-Yr-Old Muslim Man- "Both Are Of Marriageable Age Under Muslim Personal Law": P&H High Court Grants Them Protection
3 years, 10 months ago

17-Yr-Old Muslim Girl Marries 36-Yr-Old Muslim Man- "Both Are Of Marriageable Age Under Muslim Personal Law": P&H High Court Grants Them Protection

Live Law  

The Punjab & Haryana High Court last month granted protection to a Muslim Girl who married a Muslim Man while noting that both are of Marriageable Age under Muslim Personal Law. Arguments put forth The counsel for the petitioners cited the rulings of the Punjab & Haryana High Court to contend that in Muslim law puberty and majority are one …

Uniform minimum age for marriage: SC decides to examine plea to transfer to itself cases pending in HCs
3 years, 11 months ago

Uniform minimum age for marriage: SC decides to examine plea to transfer to itself cases pending in HCs

The Hindu  

The Supreme Court on Tuesday decided to examine a plea to transfer to itself cases pending in the Delhi and Rajasthan High Courts to declare a “uniform minimum age” for marriage. “Petitioner is compelled to approach this court as more PILs may be filed in other High Courts seeking ‘Uniform Minimum Age of Marriage for Men and Women’. It said …

Merely Because The Boy Is Not Of Marriageable Age, The Right Of A Major Couple To Live-Together Can't Be Denied: Punjab And Haryana HC
4 years ago

Merely Because The Boy Is Not Of Marriageable Age, The Right Of A Major Couple To Live-Together Can't Be Denied: Punjab And Haryana HC

Live Law  

Punjab and Haryana HC has recently held that merely because the boy is not of marriageable age the right of petitioners to live-together cannot be denied. Noting that "Parents cannot compel a child to live a life on their terms and that every adult individual has a right to live his or her life as he or she deems fit", …

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court
4 years ago

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court

Live Law  

"The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners", remarked the Punjab & Haryana High Court on Wednesday. Interestingly, in their plea for granting protection, the first wife of Man …

Mrs. Marriage Divorces Mr. Age
4 years, 2 months ago

Mrs. Marriage Divorces Mr. Age

ABP News  

Crossing Checking: Existing laws In the Hindu Marriage Act, Section 5 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. Furthermore, sexual intercourse with a minor is rape, and the ‘consent’ of a minor is regarded as invalid since she is deemed incapable of giving consent at that age …

Children Attain Maturity Long Before They Turn 'Major': P&H HC Allows 17 Year Old Girl To Stay With Mother Of Boy She Married [Read Order]
4 years, 2 months ago

Children Attain Maturity Long Before They Turn 'Major': P&H HC Allows 17 Year Old Girl To Stay With Mother Of Boy She Married [Read Order]

Live Law  

Children these days attain both physiological as well as psychological maturity long before they complete the ages of majority fixed for them by the statute long ago, remarked the Punjab and Haryana High Court in a judgment passed last week.Justice Sanjay Kumar observed that it is scientifically recognized fact that girls tend to be more mature than boys of the …

Marriage In Violation Of Minimum Age Limit Under Hindu Marriage Act Is Voidable, Not Void: Punjab & Haryana HC [Read Order]
4 years, 6 months ago

Marriage In Violation Of Minimum Age Limit Under Hindu Marriage Act Is Voidable, Not Void: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court on Monday directed the concerned authorities to register the marriage of a Hindu-couple, while holding that marriages solemnized in violation of age restrictions under Section 5 of the Hindu Marriage Act, are not void. "A perusal of the Hindu Marriage Act, 1955, shows that in case, a marriage has been solemnized in violation of …

PIL Filed In Delhi HC Challenging Difference In Minimum Age For Marriage For Men and Women [Read Petition]
5 years, 4 months ago

PIL Filed In Delhi HC Challenging Difference In Minimum Age For Marriage For Men and Women [Read Petition]

Live Law  

A Public Interest Litigation has been filed in the Delhi High Court by Advocate Ashwini Upadhyay seeking abolition of different minimum age for marriage for men and women. The Petitioner submits in his plea that the aforementioned distinction in minimum age for marriage not only violates right to gender equality under Articles 14 and 15 of the Constitution but also …

Bombay HC Nullifies Marriage of 9-Year-Old Due to Non-Consummation
6 years, 8 months ago

Bombay HC Nullifies Marriage of 9-Year-Old Due to Non-Consummation

Live Law  

The Bombay High Court has allowed an appeal against a judgment of a District Court in Kolhapur and nullified a 9-year-old marriage between two parties on grounds of non-consummation. The court observed that the two parties claim that they never stayed together even for a day, but the court found that this was not sufficient evidence to support the claim …

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