1. Facts of the Case
- Party A, a Hindu boy aged 16 years, and Party B, a Hindu girl aged 15 years, entered into a marriage ceremony with the consent and direction of their parents.
- Both parties belong to the Hindu religion.
- The marriage was solemnized in India according to Hindu rites and customs.
2. Issues in the Case
- Is the marriage between a 16-year-old Hindu boy and a 15-year-old Hindu girl valid under the Hindu Marriage Act, 1955?
- Does parental consent override the age requirement under Hindu law?
- Can such a marriage be void or voidable?
- What legal remedies are available to the minor girl under Indian law?
3. Legal Principles Covered
a) Section 5(iii) – Hindu Marriage Act, 1955
This section lays down the conditions for a valid Hindu marriage:
“The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of the marriage.”
In the present case:
- The boy is 16 years – under the minimum legal age of 21.
- The girl is 15 years – under the minimum legal age of 18.
Hence, Section 5(iii) is violated.
b) Section 11 – Void Marriages (Hindu Marriage Act)
A marriage is considered void only under specific circumstances such as:
- Bigamy
- Prohibited degree of relationship
- Sapinda relationship
Since child marriage is not automatically void, this marriage is not void, but it can be challenged.
c) Section 12 – Voidable Marriages
Under Section 12(1)(c), a marriage is voidable if the consent of either party was obtained by force or fraud, or if a party was underage.
Thus, the minor party (especially the girl) can approach the court for annulment of marriage after attaining majority.
d) The Prohibition of Child Marriage Act, 2006 (PCMA)
This Act overrides personal laws and aims to prevent child marriages:
- Section 2(a) & (b): Defines child as:
- Male below 21 years
- Female below 18 years
- Section 3 – Child marriage is voidable:
- A child marriage is voidable at the option of the contracting party who was a child at the time of the marriage.
- The petition to annul must be filed before the child completes two years of attaining majority (i.e., before age 20 for the girl).
- Section 9 – Punishment for male adult marrying a child:
- Male above 18 marrying a girl below 18 is punishable with rigorous imprisonment up to 2 years or a fine up to ₹1,00,000.
- Section 10 – Punishment for persons solemnizing child marriage:
- Parents and others involved in the marriage can be punished.
e) Section 375 of Indian Penal Code (as amended by Criminal Law (Amendment) Act, 2013)
- The age of consent for sexual intercourse is 18 years.
- A husband having intercourse with his minor wife (<18 years) is considered statutory rape.
- Exception 2 to Section 375 (which earlier allowed marital rape for wives above 15) has been read down by the Supreme Court in Independent Thought v. Union of India (2017), making sex with a minor wife illegal and punishable.
4. Possible Judgement
Based on the above legal provisions and precedents:
- The marriage between A (16 years) and B (15 years) is not valid under Section 5(iii) of the Hindu Marriage Act, 1955.
- However, it is not void ab initio (invalid from the beginning), but a voidable marriage.
- The girl, upon attaining majority (i.e., 18 years), has the right to approach the court under the Prohibition of Child Marriage Act, 2006 to have the marriage annulled.
- The persons who arranged and conducted the marriage (including parents) are liable to punishment under Section 10 of the PCMA, 2006.
- Any consummation of marriage may lead to criminal charges of statutory rape under Section 375 IPC due to the minor status of the girl.
- The court is likely to declare the marriage voidable, grant protection to the girl, and direct child protection officers to intervene under the Juvenile Justice (Care and Protection) Act, 2015, if necessary.
Conclusion
The marriage of A and B is in violation of statutory provisions laid out to protect children, especially girls, from early marriage. Indian law does not recognize underage marriage as valid, and it offers mechanisms for annulment, punishment, and protection of minors. The court, in line with legal precedent and welfare of the minor, would likely allow annulment, initiate action against adults involved, and ensure rehabilitation of the girl under relevant child protection laws.
