Marriage with girlfriend
Hi, a girl and I are in love. My age is 24 but girl's age is 17 years and she wants to marry me now but there is a problem that she is a younger one in 6 older brothers and sisters but from other father and no one love her in family even her mummy. Her family is harassing daily to leave me and she is pressuring me to marry and really I also want to marry her but not this time. So please suggest me the right way of marriage after her 18 years age to avoid problems created by her family and police also.
You cannot marry her before she turns 18 as the Prohibition of Child Marriage Act 2006 under Section 2(a) considers a girl below 18 as a child who cannot be married. After the age of 18 she can marry you as and when she wants. If she is being harassed by her parents, she can file a complaint under the Protection of Women from Domestic Violence Act, 2005. Under this Act if the Magistrate is satisfied that she is subjected to domestic violence the, he/she can order for her protection. She can employ this to ensure that she is protected from any kind of harassement from her parents till she turns 18.
Research by - Saumya Kumar
According to the Prohibition of Child marriage act, 2006, a child is person who is below the age of 18, in case of female, and 21, in case of males. The punishment for the same is rigorous imprisonment upto 2years and 1 lakh rupees. However in 2011, the Centre had informed the Supreme Court that all marriages of persons between the age group of the 16-18 should be treated as voidable at the instance of either party, i.e. you can marry her but it is at the option of your wife to whether to rectify the same or not.
In the case of Allahabad High Court [Mrs Kalyani Chaudhary v. The State of U.P.: 1978 CrLJ 1003] and the other of the Himachal Pradesh High Court [Seema Devi alias Simaran Kaur v. State of H.P.: 1998 (2) Crime 168], it was held that a marriage in contravention of clause (iii) of section 5 (the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage) of the Hindu Marriage Act is neither void nor voidable although it may be punishable under section 18 of the HMA.
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