Tuesday, March 13, 2012

Prohibition of Child Marriage Act, 2006


2012(1) TAMILNADU LAW NOTES JOURNAL (Civil) – Page 260
Prohibition of Child Marriage Act, 2006 – Section 3 and 12 – If a minor child is taken or enticed out of keeping of the lawful guardian and by force compelled or by any deceitful means induced to go through a form of marriage, the said marriage will be void – though Section 11, 12(c), and 13(2) (iv) of the Hindu Marriage Act will not come to the rescue of the appellant/wife, she is protected under Section 3 of the Prohibition of Child Marriage Act, 2006 - Section 13(2)(iv) of Hindu Marriage Act 1955 requires an amendment by substituting the age 18 years to 15 years, so that in a voidable child marriage, the child or her guardian can have an option either to invoke the Hindu Marriage Act 1955 or the Prohibition of Child Marriage Act, 2006.

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