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Writer's picturethelila500
Jan 21, 20233 min read

What To Do I Found My Wife Is 17 Years After Court Marriage

The Act's main goal is to forbid child marriages from taking place. This Act is equipped with enabling provisions that will make child marriage illegal, offer victims' rights protection, and strengthen penalties for those who aid, abet, promote, or solemnize such weddings. According to the statute, the legal age of marriage for men is 21, and for women, it is 18, and any marriage between two persons who are under these ages is regarded as child marriage, which is against the law, punished by law, and is unlawful.

  • By virtue of the Act, child marriages are void.

  • The Act also permits the girl to receive support and housing from the male contractual party or his parents up until her subsequent marriage.

  • Compared to the 1929 Act, all of the consequences that are envisioned under the Act are significantly more severe.

By designating particular behaviors as illegal and designating specific authorities in charge of the outlawing and prevention of child weddings, the law tries to prevent child marriages. These people are in charge of seeing that the Act is put into action.


Every state must establish Child Marriage Prohibition Officers (CMPO) to outlaw child weddings, safeguard the safety of the victims, and pursue legal action against offenders. The Act establishes penalties for people who perform underage marriages. Section 11 of the Prohibition of Child Marriage Act outlines penalties for individuals who support and encourage child marriages.

The law imposes penalties on males who marry minors after turning 18 years old. The Child Marriage Prohibition Officer is authorized to give necessary and legal assistance to child marriage victims and to present children in need of care and protection before the Child Welfare Committee or, in the absence of a Child Welfare Committee, a First Class Judicial Magistrate.


Child Marriage to be Voidable:

  • At the option of the contracting party who was a child at the time of the marriage, every child marriage shall be voidable, whether solemnized before or after the start of this Act.

  • After the child who was a party to the marriage reached the age of majority, the annulment of child marriage may be requested within two years.

  • A petition for the voidability or annulment of the marriage can only be submitted by the offspring of the marriage themselves. And if the petitioner falls under the PCMA's definition of a minor, the petition can be submitted through a guardian or the married child's next-best friend (who must be an adult of at least 18 years old), as well as the Child Marriage Prohibition Officer (CMPO).

  • The District Court may declare a marriage null and void. The Family Court, the Principal Civil Court of Original Jurisdiction, and any other civil court designated by the State Government are all included in the District Court.

Only the girl or boy who was younger than 18 at the time of the marriage may file a petition in court to annul the marriage. If the kid is still a juvenile, a guardian and the Child Marriage Prohibition Officer (CMPO) may file the annulment petition on their behalf.


Child marriage is a crime that carries a harsh prison sentence, a fine, or both. The solemnization of underage weddings may be prohibited by injunctions issued by the courts. The Act's offenses are both cognizable and non-bailable. Those who are subject to legal penalties include:

  • Anybody who orchestrates oversees, or supports child marriage.

  • A male adult over the age of 18 who weds a youngster

  • Any person in control of the kid, such as a parent, guardian, or organization member, who encourages, permits, takes part in, or fails to forbid a child marriage.

India is home to more than 40% of all child marriages worldwide. Here, over half of all girls are married before they turn 18; among women in the age range of 20 to 24, this number rises to 47%. The prevalence of child marriage in India decreased by about 7% between 1992-1993 and 2005-2006.


However, child marriage is still more common than 60% in some states, with Bihar, Jharkhand, Rajasthan, and Andhra Pradesh having the highest percentages. India's rural areas see a higher prevalence of the issue than its cities, with 56 and 29%, respectively.


Court Marriage Lawyer in Ghaziabad can be consulted in case of court marriage. Appointing a lawyer can lead to chances of fewer mistakes. Court Marriage Lawyers in Faridabad can be appointed if the couple lives in Faridabad. A Court Marriage Lawyer in Gurgaon can also be appointed if the couple lives in Gurgaon.


You can also contact Lead India to talk to a lawyer here. You can get free legal advice. Ask a legal question to our attorneys to get guidance.


Call Us: +91–8800788535


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