AI Overview...
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Marriage by males below 21 years and girls below 18 years - In India, civil law stipulates that a person is legally a major only upon reaching 18 years of age, regardless of religion. Marriages involving minors under these ages are generally considered voidable or illegal. Specifically, a male under 21 cannot legally marry unless he is at least 21, and a girl under 18 cannot legally marry, as highlighted by the Prohibition of Child Marriage Act, 2006, and related laws. For example, a girl married at 16 was given custody but her marriage remains invalid until she attains majority at 18 M. Mohamed Abbas VS Chief Secretary, Government of Tamil Nadu - Madras, YUNUSBHAI USMANBHAI SHAIKH VS STATE OF GUJARAT - Gujarat, Yunusbhai Usmanbhai Shaikh VS State of Gujarat - Crimes.
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Legal provisions on child marriage - The Prohibition of Child Marriage Act, 2006, criminalizes marriages involving minors under 18 (female) and under 21 (male). Marriages contracted below these ages are considered voidable, not automatically valid, and can be annulled. The Act also specifies that such marriages are punishable offenses. The law emphasizes the importance of attaining majority before marriage to ensure validity M. Mohamed Abbas VS Chief Secretary, Government of Tamil Nadu - Madras, Yunusbhai Usmanbhai Shaikh VS State of Gujarat - Crimes, Meena & Anr. VS State & Anr. - Delhi.
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Court rulings and legal interpretations - Courts have consistently held that marriages involving minors are illegal and lack legal standing. Marriages contracted with girls under 18 or boys under 21 are voidable and can be annulled, emphasizing the importance of reaching the age of majority for marriage validity. The courts also recognize that consummation of such marriages is unlawful, and child marriages are prohibited across all religions Ranjeet Kaur VS State of Punjab - Punjab and Haryana, Meena & Anr. VS State & Anr. - Delhi, Veljibhai Bhanabhai Prajapati VS State of Gujarat - Gujarat.
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Implications and enforcement - Engaging in or facilitating child marriage can lead to criminal charges. The law aims to protect minors from early marriages and related exploitation, reinforcing that marriage laws are secular and uniformly applicable. The legal framework seeks to eliminate child marriage practices, ensuring minors do not enter into marriage before attaining the prescribed age Amnider Kaur VS State of Punjab - Crimes, R. Thiagarajan VS Superintendent of Police, Trichy District - Madras.
Analysis and Conclusion:
In India, marriage by a male below 21 years and a girl below 18 years is legally invalid and considered a child marriage under the Prohibition of Child Marriage Act, 2006. Such marriages are voidable, not valid, and can be annulled by courts. The law aims to protect minors from premature marriage, and courts have consistently upheld these standards, emphasizing that legal age for marriage is 18 for girls and 21 for boys. Engaging minors in marriage before these ages is punishable and subject to legal action.
Search Results for "Marriage by Male below 21 Years Girl is Major"
2015 0 Supreme(Mad) 2196 • India - Madras
S.TAMILVANAN, V.S.RAVI
Prohibition of Child Marriage Act, 2006, Sections 10, 11 and 12 – In a case Muslim girl married at 16 year of age was given custody ... Marriage Act 2006. ... to her father and was allowed to solemnize her marriage on attaining majority at 18 years according to the Prohibition of Child ... It is well settled that as per Civil laws in India, one could be a major only on attaining the age of 18 years, irrespective of any religion and for the purpose of marriag....
2015 0 Supreme(Guj) 821 • India - Gujarat
J.B.PARDIWALA
Indian Penal Code - Sections 363, 366 and 376 - Prevention of Children from Sexual Offences Act - Section 18 - Prohibition of Child Marriage ... husband and wife - Held, Police shall look into the matter from the point of view of the provisions of the Prohibition of Child Marriage ... her away is equally absent - If this is so, there is no kidnapping of the girl and hence the question for application of Section ... It is well settled that as per civil laws in India, one could be a major only on attaining the age of 18 #H....
• India - Crimes
J.B.PARDIWALA
of Child Marriage Act ? ... It provides as follows:” Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age ... is concerned, the child marriage is going into oblivion. ... 17.It is well settled that as per civil laws in India, one could be a major only on attaining the age of 18 years, irrespective of any religion and for the purpose of marriage, a girl attaining the age of 18 #HL_ST....
2014 0 Supreme(Mad) 2941 • India - Madras
S.MANIKUMAR, V.S.RAVI
Act, 1875 and the Child Marriage Restraint Act, 1929. ... Habeas Corpus - Detention of Alleged Detenue - Majority Act, 1875, Child Marriage Restraint Act, 1929 - The court discussed the ... The court highlighted the provisions of the Majority Act, 1875 and the Child Marriage Restraint Act, 1929 in this context. ... Whether the age of the girl has to be increased to 21, equal to the age of the male or to fix a lesser age for the girl, above 18 years, ....
1997 0 Supreme(Guj) 260 • India - Gujarat
R.BALIA
or under force, and permitting only in case of marriage of minor girl below the age of 15 years to avoid marriage by exercising ... option attaining eighteen years of age. ... the Child Marriage Restraint Act - Such marriage makes one of the parties to marriage punishable but does not render the marriage ... Sec. 3 makes a male above 18 years but below 18 years contracting child ....
2016 0 Supreme(Guj) 1471 • India - Gujarat
HARSHA DEVANI, BIREN VAISHNAV
much as, a person cannot take advantage of his own wrong—Marriage contracted by a person with a female of less than 18 years is ... contracting party to a child marriage with a female child shall not be the natural guardian of the female child—Present marriage ... Constitution of India, 1950—Article 226, 227—Hindu Minority and Guardianship Act, 1956—Section 6—Prohibition of Child Marriage Act ... No. 338/2008 and allied matters, wherein the court held that the marriage contracted with ....
• India - Crimes
RAKESH KUMAR JAIN
1973—Section 482—Run away marriages—Girl being 16 years of age at the time of her marriage allegedly performed on 21-10-2009—Criminal ... Petitioner No.1 was a minor girl being 16 years and 2 months of age at the time of alleged marriage. ... female, has not completed eighteen years of age and according to Section 2(b) of the Act, “child marriage” means a marriage to which ... Punishment for #HL_S....
2021 0 Supreme(P&H) 24 • India - Punjab and Haryana
JASGURPREET SINGH PURI
The marriage violated child marriage laws as Neha was under 18 years. ... of minor girl married against parental wishes - The court emphasized the illegality of child marriage and protection of child's ... ... ... Ratio Decidendi: The court ruled that minor marriage lacks legal standing under the Prohibition of Child Marriage Act and ... It was held that so far as first issue is concerned, a marriage contracted with a female of less than 18 #HL_STA....
2012 0 Supreme(Del) 2245 • India - Delhi
MANMOHAN
Ratio Decidendi: The marriage contracted with a female of less than 18 years or a male of less than 21 years would be voidable ... Child Marriage - Police Protection - Indian Penal Code, 1860, Indian Majority Act, 1875, Prohibition of Child Marriage Act 2006 ... of consummating a marriage with a minor. ... No.338/2008, which are as follows: ... 1) Whether a marriage contracted by a boy with a female of less than 18 years#....
2012 0 Supreme(Del) 1749 • India - Delhi
A.K.SIKRI, SANJIV KHANNA, V.K.SHALI
marriage remain unenforceable till completion of two years from the date child becomes major - Custody of minor wife cannot be granted ... Penal Code, 1860 - Section 375 and 376 - Child marriage - Consummation of marriage with wife below age of ... Marriage of minor - Prohibition is secular and all child marriages irrespective of religion are voidable - Consummation of such ... But, in Saravanan”s case cited supra, the Division Bench has held that such a mar....
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