Soumendra Nath Nandi
Asked October 02, 2016

Marriage of 17.5 year old boy

  • 1 Answer
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My son 's age is 17years 5 months . From one month he is missing with one girl she is more than 17 years. Guardian of girls agreed to marry them.Now my son is residing in that girl's house. Now they want a social marriage. In this situation what legal action can I take against them?

Answer 1

The easiest way is to file a police complaint at the nearest Police station stating your grievances and asking that your son be rescued for the clutches of the girl’s family. The police will register your case u/s 362 Indian Penal Code  - Abduction. Since your son is over 16 years, they will not register the FIR u/s 361 Indian Penal Code - Section 361- Kidnapping from lawful guardianship. However, please note that your son should have been compelled by force or induced by deception to go from any place to another place. Your son may have gone to the girl’s family with his consent but that consent must have been obtained by the girl’s family by deceitful means or he has gone by force without consent. Your best solution is to go to the police and file a complaint and if the police does not act, then file a criminal complaint u/s 156(3) of the Criminal Procedure Code (CrPC) 1973 in a court of law with the judicial magistrate, invoking the latter's power to order an FIR and a consequent investigation by the police against those named in the complaint. The impending child marriage can be stopped by informing the police who would take action in accordance with the prohibition of child marriage Act 2006.

 

Please advise your son that in India, the legal age of consent for sex is 18 under the Criminal Law (Amendment) Act, 2013. Hence, if your son has sex with the girl before marriage (which itself is voidable at the option of the girl as per the Prohibition of child marriage Act 2006), he will expose himself to the charges of rape u/s 376 IPC even if the girl has given consent. I would advise you to speak to your son in front of the police and inform him that he is more likely to get in trouble with his insistence of staying with a girl below 18 and even marrying a girl below 18. Please advise him that as per law, even if the girl marries him, she can avoid the marriage and seek nullification of the marriage from the court (whereas he has no corresponding right) when she turns 18 and within two years of turning 18 as per section 3 of the Prohibition of Child Marriage Act 2006.

 

Moreover, there are emotive issues involved and you should be cautioned that the girl’s family can also file criminal complaints against your son of u/s 361 Indian Penal Code 1860 Kidnapping from lawful guardian (Section 361) - saying that he had lured the girl who is below 18 and taken her to another place in which case, Police is more likely to listen to the girl’s version that your son’s. Hence, he may also have to face criminal trial and prosecution. Hence, my advice would be to seek Police help – for the purpose of mediation and counseling and settlement rather than a court battle.

 

However, since you have asked what is your legal recourse, I have mentioned that you can take recourse to the law – in the first Para of my answer.

Agree Comment 0 Agrees almost 4 years ago

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