| I was married when I was fifteen years old. I am now eighteen and live in Bengaluru and want to get out of this marriage. Is my childhood marriage valid under current law and can I seek divorce or annulment before the Bengaluru Family Court now that I have become an adult? |
If you are below 18 and were married as a minor, seeking divorce in Bengaluru involves a slightly different legal pathway than a standard matrimonial case, because your first and often stronger remedy lies under the Prohibition of Child Marriage Act, 2006, rather than an ordinary divorce petition. Indian law does not require you to wait until you turn 18 and then file for divorce; instead, it gives child-marriage survivors the specific right to have the marriage declared void or voidable altogether.
Under Section 3 of the Prohibition of Child Marriage Act, 2006, a marriage where either party was a child at the time of solemnisation is voidable at the option of the party who was a minor. This means you, as the person who was married as a minor, have the legal right to approach the Family Court in Bengaluru and seek a decree annulling the marriage, and importantly, this petition can be filed within two years of attaining majority, meaning up to age 20. This route is often more favourable than a conventional divorce because it treats the marriage as one that should never have been recognised in the first place, rather than one that broke down after validly existing.
If, for any reason, an annulment route is not pursued or is not suitable to your situation, and the marriage has otherwise continued or been treated as valid, a divorce petition under the Hindu Marriage Act, 1955, or the applicable personal law can also be explored once you reach the age of majority, provided valid statutory grounds exist. Courts in Bengaluru have handled numerous such matters sensitively, given the vulnerability typically involved in child marriage cases, and tend to prioritise the survivor's safety, education, and independence throughout the proceedings.
It is also worth knowing that child marriage in India is a punishable offence under the same Act, and depending on the circumstances of your marriage, your lawyer may advise you on whether separate criminal proceedings against those responsible for facilitating the marriage should also be initiated alongside your civil remedy.
Because these cases often involve minors, family pressure, and sensitive personal circumstances, it is genuinely important to work with lawyers experienced specifically in child marriage annulments rather than treating it as a routine divorce filing. Aapka Legal Advice has guided young clients through exactly this process with the sensitivity it demands, and its family lawyers in Bengaluru, supported by a panel of retired judges available for consultation, can help you understand whether annulment or divorce is the more suitable path for your specific circumstances.
In short, yes, legal recourse absolutely exists in Bengaluru if you were married as a minor โ often through annulment under child marriage law rather than a conventional divorce petition, giving you a faster and legally cleaner way out.
