Karnataka High Court: The Karnataka High Court has said that even if the age of the bride is less than 18 years, the marriage cannot be declared void under the Hindu Marriage Act. A lower court in the state declared a marriage void under Section 11 of the Act, but the High Court noted that the section did not include the condition of the bride being 18 years of age.
Overturning the decision of the family court, a bench of High Court judge S Vishwajit Shetty said in its January 12 verdict, “Section 11 of the Act deals with void marriages. The Act provides that any marriage solemnized after its coming into force shall be void and the court may, on a petition filed by either party, declare it to be void, subject to the provisions of sections 1, 4 and 5 of section 5 of the Act. violates.
The age of the bride should be 18 years at the time of marriage
The High Court said, “Thus it is clear that the provision of section V has been deleted from the perspective of section 11 of the Act of III.” This provision provides that the bride should be 18 years of age at the time of marriage. . On January 8, 2015, the High Court set aside the order passed by the lower court, saying, “The order of the lower court failed to consider the above aspect of the matter.”
What is the whole matter?
The Family Court held that Sheela was 16 years, 11 months and 8 days old on the date of marriage and had not completed the age of 18 years as required under Clause-3 of Section-5 of the HMA. Therefore, it declared the marriage void under section 11 of the Act. However, his appeal before the High Court was accepted as it was found that Clause-3 of Section-5 does not apply to Section 11 which deals with void marriage.