Sister of my friend was married at the age of 16 years. But she is not happy in her in-law family and she came to her parents’ house after 2 months only and now living with parents. Can she now marry for the second time without getting divorce from the first marriage? Or otherwise what is the better option for her second marriage?
A female who has not completed 18 years of age is considered as “child” under the provisions of the Prohibition of Child Marriage Act, 2006.
Further, under the above Act, “child marriage” is defined as a marriage to which either of the contracting parties is a child.
In view of the above, the marriage of the sister of your friend at the age of 16 years, would come within the meaning of “child marriage”.
Moreover, Section 3(1) of the above Act lays down that every child marriage, whether solemnised before or after the commencement of the above Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage.
Accordingly, the sister of your friend can file a petition before the district court for annulment of her above marriage, and there is no need to apply for divorce in respect of such marriage since it can be declared as null and void.
After her said marriage is annulled by the court, she can marry again.
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