C.T. Selvam, J.

This Civil Miscellaneous Appeal is preferred against the rejection of a petition moved by the appellant, seeking relief under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

2. The petitioner informed of being the wife of respondent, they having married on 02.06.1995, their being the parents of 2 children and of the respondent picking up vices and treating her cruelly. On such contentions, she sought dissolution of her marriage.

3. In passing the order under challenge, the Court below has observed that the Aadhar Card of the petitioner informed her year of birth as 1979 and since the date of marriage was informed to be 02.06.1995, the petitioner, on such date, would have been a minor, aged 16 years. It further noted that neither the marriage invitation nor photograph has been filed and that there is no evidence to show the person in the photograph produced, was the petitioner's husband. Referring to settlement dated 29.06.2009, the Court below informed that the same informed the belief of the settlor that the settlee would reside with him and attend to his needs throughout his life time. On such reasoning, the Court below thought it fit to reject the petition, giving rise to this Civil Miscellaneous Appeal.

4. Even at the stage of admission, there has been representation on behalf of the respondent through counsel and to the effect that the petitioner and respondent had entered upon marriage and that the petitioner was then a minor. Such submission of learned counsel for respondent has been placed on record.

5. The present case provides an opportunity to clarify a position vis-a-viz, marriages involving a minor/child, and we proceed to do so.

6. The conditions for a Hindu marriage are informed in Section 5 of the Hindu Marriage Act, 1955. Section 5(3) places requirement that the bridegroom should have been completed aged of 21 years and the bride 18 years at the time of marriage. Noteworthy it is that the breach of such condition does not render the marriage void under Section 11 or voidable under Section 12. Even in Section 13, which informs the grounds on which the divorce may be sought, the only provision relatable to age is to be found in Section 13(2)(iv) viz. ‘that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age but before attaining the age of eighteen years.’

7. Section 2(a) of Prohibition of Child Marriage Act, 2006 defines a child thus:

‘child’ means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;

8. Though Section 15 of the Prohibition of Child Marriage Act, 2006 informs offences there against to be cognizable and non-bailable, Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. The same is reproduced hereunder:

‘Child marriages to be voidable at the option of contracting party being a child. –

(1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at he option of the contracting party who was a child at the time of marriage:

Provided that a petition for annulling a child marriage by a decree of nullity, may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.

(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer.

(3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority.

(4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to