A marriage between two minors, when the bridegroom has not completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage, is void ab initio and does not require a declaration of nullity or annulment.

S. OBUL REDDI, C. J.

( 1 ) THE short and interesting question that arises in this Civil Miscellaneous Appeal is whether a marriage between two minors, when the bridegroom has not completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage, is no marriage in the eye of law.

( 2 ) THE facts are not in dispute. The appellant is the wife. Admittedly, she was aged about six years at the date of her marriage with the respondent, who was then eleven years old, the date of marriage being Vaisakha Bahula Pancharm in Hevilambi year (1957 ). On 6-5-1958, the father of the appellant is alleged to have executed a settlement deed conferring certain rights on the appellant and the respondent. In 1967, misunderstandings arose between the appellants father and the family of the respondent. The appellants father then turned out the respondent from his house and executed a revocation deed on 1-5-1967 purporting to revoke the settlement deed executed by him earlier on 6-5-1958. On 9-5-1967, he issued a registered notice to the respondent repudiating the marriage between the appellant and the respondent. To that, the respondent sent a reply warning the appellants father against the consequences he may have to face in case he got the appellant married to another person. The appellant never joined the respondent at any time and, therefore, the respondent filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. That application was resisted by the appellant, among other grounds on the ground that no marriage took place and even otherwise, any such marriage would be a void marriage under Section 5 of the said Act.

( 3 ) THE learned Additional Subordinate Judge found that the marriage between the parties was true, valid and created a legal relationship of husband and wife. He, therefore, granted a decree for restitution of conjugal rights. At the date when the petition was filed by the respondent under Section 9 of the Act, the appellant was a minor and was represented by her father and guardian.

( 4 ) MR. Poorniah the learned Counsel appearing for the appellant, contended that the marriage of the appellant with the respondent is void within the meaning of Clause (iii) of Section 5 of the Act and, therefore, it is not necessary that any application should be filed by the appellant for annulment of that marriage either under Section 11 or under Section 12 of the Act.

( 5 ) MR. Sivaprasada Rao appearing for the respondent strenuously contended that a reading of the relevant provisions. Sections 5, 11. 12 and 18 of the Act would make it clear that it was not the intention of the Parliament that a marriage solemnized between two minors should come within the purview of either Section 11 or Section 12, for the reason that, under Section 18, any person who procures such a marriage would be liable for punishment.

( 6 ) WE may therefore, read the relevant provisions:"section 5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled namely:-- (i) neither party has a spouse living at the time of the marriage; (ii) neither party is an idiot or a lunatic at the time of the marriage; (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; (vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage. 11. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contrav

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