LEGAL STATUS OF CHILD MARRIAGE UNDER HINDU LAW

L. Shalini

Abstract


Ever since the medieval period the evil practice of child marriage has been prevailed in India. Even the law makers have recognised child marriage as legal. The laws relating to marriage are governed by personal laws. Section 5 of the Hindu Marriage Act states about the condition of valid marriage. As per Section 5(iii) of the Act states that age of marriage as one of the major conditions for valid marriage. As per the section the age of the bride is 18 years and bridegroom is 21 years. The researcher is of the view that, the age criteria is not adhered strictly by the people. Since, it is a personal law this has given more importance than any other legislations. Because, it is evident from precedents that the child marriage does not come under the purview of section 11 and 12 of the Hindu Marriage Act. Further, the validity of the marriage of the child is silent but it is punishable as per Act. Hence, the researcher concludes that with regard to the validity of the child marriage has to be amended by looking into the welfare of the child.


Keywords


Child, Marriage, Hindu Law, Age, Factum Valet, Legislation

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References


ILR 28 Cal.758

Law Commission, 59th report, Para 3.21.

Manisha Singh v. State Government of NCT, AIR 2006 Del 37: 2006(1) Chand Crc 208:2006(1) DMC1:2007(1)Marri LJ 448(DB)

T.Sivakumar v. Inspector of police Tiruvallur Town Police Station, AIR 2012 Mad 62:III(2011),DMC 566:2011-2-LW(Crl) 385:2012(4) RCR(civil) 862(CFB).

A fact cannot be changed by a hundred texts.

Kokulla Suresh v. State of AP: AIR 2009 AP 52: (2009)1ALT607.

Section 13(2)(iv) of the Hindu Marriage Act,1955.

AIR 1997 Kant 77, P.82:ILR 1997 Kar 964.


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