From your question, it appears that already 9 years have passed since the marriage took place and both spouses have no issue with the marriage and are happy with it.
Let me first mention that as per Section 3 of the Prohibition of Child Marriage Act, 2006, a child marriage shall be voidable at the option of the contracting party (and, it is not a void marriage) who was a child at the time of the marriage; but, a petition under this section may be filed at any time but before the child filing the petition completes 2 years of attaining majority. So, if the wife attained majority more than 2 years before today (which perhaps appears to be the case), then no such petition can be filed now to declare the marriage void. [Note: Here, I am presuming that there was no element of force, trafficking, etc., used in this marriage, as described in Section 12 of the Act.]
Secondly, if the male person was above 18 years of age at the time of the marriage, and he contracts a child marriage, then he may be punishable under Section 9 of the above Act, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. Though this offence is cognizable and non-bailable, in the absence of any contrary provision in the Act, it appears that the limitation to take cognizance of this offence was only 2 years as per Cr.P.C. provisions. In your case, a period of 9 years has lapsed, so chances of cognizance being taken of such offence against you appear to be not there.
Thirdly, whether the Government department can take any disciplinary action against you for the child marriage, would depend on the specific rules that are applicable in the department where you are working. You may have to check the relevant rules of your department.
As far as the Central Government employees are concerned, Rule 3B of the Central Civil Services(Conduct) Rules, 1964, inter alia, states that every Government servant shall, at all times, act in accordance with the Government's policies regarding age of marriage.
Now, if the (child) marriage took place after joining such government service, then the above rule may be attracted and a disciplinary action may perhaps be initiated at the discretion of the authority concerned. However, if the (child) marriage had taken place before joining the government service, then the application of the above rule may be doubtful and will depend on what view can be taken for its implementation. I tried checking but could not find any clarification issued by the Government on this rule, unlike many other rules on which the Government has issued various clarifications / instructions.
So, the answer to your question depends on these aspects.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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