Anonymous
Asked April 02, 2017

Marry girl of 13 years

  • 1 Answer
  • 356 Views

Hello sir/madam, My age is 24years and 2months(male) and I and my sister in law are in love and she is aged 13years 6months(female) and we are hindus and belong to same caste and their parents are against our love and they are showing torture for her and she want to leave her parents and come to me and my family is supporting for our marriage and so we are planning to elope and marry. Will our marriage be legal and can I be her natural guardian like in case of MAKEMALLA SAILOO v. SUPERInTENDENT OF POLICE, NALGONDA DISTRICT and also I heard once girl reaches 15years age(age of discretion) she can marry on her own will against parents consent said by Delhi high court. So at present can we marry and court will grant us permission to live as husband or wife like in case of MAKEMALLA SAILOO v. SUPERInTENDENT OF POLICE, NALGONDA DISTRICT or should we wait until she gets 15years and then elope and marry. Please send me detailed information and please tell me how much money will be needed roughly through out the process from booking a lawyer to judgment from court.

Answer 1

 

 

 

Dear Sir/madam,

Marrying a 13 year old child is not only legally but also wrong on moral and ethical grounds. We would not suggest such a wrongdoing. To inform you on the legal punishments that will follow, please read through. You are likely to get booked under multiple charges to commit certain penal offences such as:-

Under Section 3 and 4 of the Child Marriage Restraint Act, 1929, you are anyways liable to be held guilty for a punishment of 3 months imprisonment for marrying a child i.e. below 18 years of age. Section 366 in The Indian Penal Code will also be levelled against you for Kidnapping, abducting or inducing woman to compel her mar­riage, etc. the maximum punishment under Section 366 is upto 10 years. Let us inform you on the law of a minor that the consent given by a child of such an age is not valid under law. The court or the authorities will at no point consider her consent, all the blame automatically devolves on you.

Punishment under Section 18 in The Hindu Marriage Act, 1955 extends upto 2 years along with a fine of upto one lakh rupees.

Now moving on to the desired judgement – the judgement goes on explaining how after marriage the Husband will become the natural Guardian of the married child as per the Hindu Minority and Guardianship Act, 1956 and the girl will come and stay with the husband. It says that no doubt such a marriage will subsist and continue to be a valid marriage but the husband (above 21 years of age) will have to suffer the punishment prescribed under the law. Because the said act of yours is a crime ultimately. The husband and wife can only stay together when the husband stays away from jail.

Going through the judgement, if for a second we consider the fact that the marriage would not be rendered void or illegal – the law still makes it a punishable offence to elope and marry a girl of age below 18 years.

Further, there is no such law which allows a girl aged 15 years to marry on her own, the legal age is 18 years and the law is pretty much settled on this point.

As far as hiring a lawyer and the fees that he/she will charge is strictly a personal issue of his/her own. No one can tell you these things. Same is the issue concerning the time that the court will take, no advocate can guarantee or assure you on the time. And if he/she is assuring you on all these things then he/she is faking it.

Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

https://lawfarm.in/legal_cases/new

 

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