Legal Question in Family Law in India

If a boy did the marriage with under age girl and girl not come to her in-laws house and girls stay only two days after marriage with boy. Can boy is eligible for divorce . Boy wants to live the her but girls and her parents are not agree.

Asked on 5/14/13, 11:38 pm

4 Answers from Attorneys

Mukesh Ralhan RALHANS - Immigration & Overseas Affairs Law Group

Dear Client,

It is not clear what was the age of boy and girl at the time of marriage. In the absence of these details, the following information may be helpful:

Legally, a Hindu bridegroom should be aged 21 and a bride 18. However, several girls over 15 but under 18 elope to marry men of their choice. In many cases, the boy is subsequently arrested and charged with rape and kidnapping.

The Centre has informed the Supreme Court that all marriages of persons in the 16-18 age group should be treated as voidable at the instance of either party to avoid the problem of girls under 16 giving consent for marriage and making it valid,

Currently, cases of kidnapping and rape are routinely slapped on men by families of girls of this age group, who elope against the wishes of their families. Though the legal age of consent for a woman to sexual relations is 16, she can marry only at 18. As a result, a man who marries a woman aged between 16 and 18 runs the risk of inviting the penal provisions of kidnap and rape.

There are a number of grounds under section 5 of Hindu Marriage Act to declare a marriage null and void and that includes failure to consummate the marriage.

Please contact me through LawGuru for further clarification.

Best Regards,


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Answered on 5/14/13, 11:58 pm

dear client if boy want to leave the girl then he have to file divorce in the court. for more discussion call me on 9422611385


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Answered on 5/15/13, 12:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The boy can face criminal prosecution. The girl or her parents may seek annulment of marriage.

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Answered on 5/15/13, 11:08 am
Jayesh Desai Jayesh Desai

What you want to do is not clear, from your question.

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Answered on 5/22/13, 6:51 am

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