Notifications
Clear all

Can I Seek Divorce in Delhi If I Am Below 18 and Was Married as a Minor?

2 Posts
2 Users
0 Reactions
12 Views
Posts: 1
Topic starter
(@Sandeep Kalra)
Joined: 3 weeks ago
[#2518]
I was married when I was fifteen years old. I am now eighteen and live in Delhi 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 Delhi Family Court now that I have become an adult?

1 Reply
Posts: 2689
(@advocate-mudit-pratap)
Member
Joined: 2 months ago

This is a serious and important legal protection, and if you were married before reaching the legal age of marriage, you have specific rights available to you under the Prohibition of Child Marriage Act, 2006, rather than pursuing an ordinary divorce petition under general matrimonial law. Section 3 of this Act specifically allows a person who was married as a minor to have the marriage declared voidable at their option, meaning you can approach the court to have the marriage legally set aside, providing an important remedy distinct from standard divorce proceedings.

Under this law, if you were a minor at the time of the marriage, you retain the right to file a petition seeking to void the marriage within two years of attaining majority — meaning you generally have until you turn 20 to exercise this option, giving you time to make this decision once you have reached adulthood and are in a position to make informed choices about your own life and legal status. This protection exists specifically because child marriage is recognised as depriving a person of genuine, informed consent at the time the marriage occurred.

The process involves filing a petition before the Delhi Family Court seeking a decree declaring the marriage void under this Act, supported by evidence establishing your age at the time of marriage, such as birth certificates, school records, or other credible documentation. Courts take child marriage protections seriously, and where the evidence clearly establishes that you were indeed a minor at the time of marriage, this remedy is generally granted without requiring you to prove additional fault-based grounds as would be needed in an ordinary divorce case.

It's important to know that pursuing this remedy also allows you to address related matters — including maintenance, custody of any children, and return of any dowry or gifts given at the marriage — as part of the same proceeding, ensuring your rights are comprehensively protected as you move forward.

Given how important it is to have this process handled sensitively and correctly, it is worth reaching out to the team at Aapka Legal Advice to understand your specific rights and timeline under the child marriage protection framework applicable to your situation.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes divorce lawyers experienced in child marriage annulment cases, along with a panel of retired judges who can offer compassionate, informed guidance on protecting your rights in this situation.

In summary, if you were married as a minor, you have a specific legal right in Delhi to have that marriage declared void under the Prohibition of Child Marriage Act, 2006, generally within two years of turning 18. Understanding and acting within this timeline is essential to protecting your legal rights and future.


Reply
Share: