CHILD MARRIAGE IN HINDU LAW: THE LEGAL STATUS

Abstract

In India, the horrible practise of child marriage has been practised since the mediaeval times. Even legislators have recognised the legality of child marriage. The laws that govern marriage are known as personal laws. The criterion of a lawful marriage is outlined in Section 5 of the Hindu Marriage Act. The age of marriage is one of the key prerequisites for lawful marriage, according to Section 5(iii) of the Act. The bride is 18 years old, and the groom is 21 years old, according to the section. The researcher believes that people do not strictly adhere to the age criterion. Because it is a personal law, it has been given greater weight than other laws. Because precedents show that child marriage does not fall under the provisions of sections 11 and 12 of the Hindu Marriage Act. Furthermore, the validity of the child's marriage is ambiguous, yet it is penalised under the Act. As a result, the researcher finds that the validity of child marriage must be reconsidered in light of the kid's welfare.