| I was married when I was fifteen years old. I am now eighteen and live in Chennai 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 Chennai Family Court now that I have become an adult? |
If you were married as a minor and are still below 18, your situation requires careful navigation, since child marriage itself is prohibited under the Prohibition of Child Marriage Act, 2006, and while this Act does not automatically render such a marriage void, it does provide the minor party with a specific right to seek the marriage be declared voidable through a petition filed before attaining the age of majority or within a limited period thereafter.
Rather than filing a conventional divorce petition, which requires you to be a legal adult capable of independently pursuing litigation, a minor married in violation of the Prohibition of Child Marriage Act generally has the option to seek annulment of the marriage under this specific legislation, which recognises the marriage as legally problematic from its inception due to the parties' or one party's minority at the time of solemnisation.
Given that a minor generally cannot independently file legal proceedings, such a petition would typically need to be filed through a guardian or next friend acting on your behalf, ensuring proper legal representation despite your minority status. It is important to act relatively promptly, since the Act provides a specific window, generally extending to a defined period after attaining majority, within which this remedy can be pursued.
Given the sensitive and legally specific nature of child marriage annulment proceedings, it is essential to consult experienced family law counsel who can guide your guardian through the appropriate process. Consulting the team at Aapka Legal Advice can help ensure the correct legal remedy, whether under the Prohibition of Child Marriage Act or another applicable provision, is pursued through the Chennai family court.
Given the significant protective purpose of child marriage laws and the specific procedural requirements involved, obtaining a second opinion from a retired judge on the best approach for your specific situation can provide valuable guidance. Chennai's experienced family law advocates and retired judges, listed at Aapka Legal Advice's Chennai divorce lawyer directory, regularly assist with these sensitive matters.
In conclusion, if you were married as a minor and remain below 18, the appropriate legal remedy in Chennai generally lies in seeking annulment under the Prohibition of Child Marriage Act rather than a conventional divorce, pursued through a guardian acting on your behalf.
