Prohibition of child marriage act, 2006

THE PROHIBITION OF CHILD THE PROHIBITION OF CHILD MARRIAGE ACT, 2006MARRIAGE ACT, 2006

» Presented By: Mahesh S. LonePresented By: Mahesh S. Lone

OBJECTOBJECT

To prevent To prevent solemnization solemnization of child of child marriages.marriages.

SOME IMPORTANT DEFINITIONSSOME IMPORTANT DEFINITIONS

""childchild" means a " means a person who, if a person who, if a male, has not male, has not completed twenty-completed twenty-one years of age, one years of age, and if a female, has and if a female, has not completed not completed eighteen years of eighteen years of age.age.


""child marriagechild marriage" " means a marriage means a marriage to which either of to which either of the contracting the contracting parties is a childparties is a child


""contracting contracting partyparty", in ", in relation to a relation to a marriage, means marriage, means either of the either of the parties whose parties whose marriage is or is marriage is or is about to be about to be thereby thereby solemnised;solemnised;


""minorminor" means a " means a person who, under person who, under the provisions of the provisions of the Majority Act, the Majority Act, 1875 is to be 1875 is to be deemed not to have deemed not to have attained his attained his majority.majority.

CHILD MARRIAGE TO BE CHILD MARRIAGE TO BE VOIDABLEVOIDABLE

Child Marriage , whether Child Marriage , whether solemnized before or solemnized before or after the commencement after the commencement of this Act, shall be of this Act, shall be voidable at the option of voidable at the option of contracting party who contracting party who was child at the time of was child at the time of solemnization of such solemnization of such marriage.marriage.

ANNULMENT OF MARRIAGEANNULMENT OF MARRIAGE

Provided such contracting party can Provided such contracting party can file a petition for annulling a child file a petition for annulling a child marriage by a decree of nullity in the marriage by a decree of nullity in the district court.district court.

If at the filing of such petition If at the filing of such petition contracting party is minor he/she contracting party is minor he/she can file such petition through can file such petition through guardian or next friend alongwith guardian or next friend alongwith Child Marriage Prohibition Officer.Child Marriage Prohibition Officer.

Such petition is to be filed before Such petition is to be filed before two years after attending majority.two years after attending majority.

RETURN OF GIFTSRETURN OF GIFTS

While granting a decree of nullity While granting a decree of nullity under this section, the district court under this section, the district court shall make an order directing both the shall make an order directing both the parties to the marriage and their parties to the marriage and their parents or their guardians to return to parents or their guardians to return to the other party, his or her parents or the other party, his or her parents or guardian, as the case may be, the guardian, as the case may be, the money, valuables, ornaments and money, valuables, ornaments and other gifts received on the occasion of other gifts received on the occasion of the marriage by them from the other the marriage by them from the other side, or an amount equal to the value side, or an amount equal to the value of such valuables, ornaments, other of such valuables, ornaments, other gifts and money:gifts and money:

MAINTENANCEMAINTENANCE

While granting a decree under While granting a decree under section 3, the district court section 3, the district court may also make an interim or may also make an interim or final order directing the male final order directing the male contracting party to the child contracting party to the child marriage, and in case the male marriage, and in case the male contracting party to such contracting party to such marriage is a minor, his parent marriage is a minor, his parent or guardian to pay or guardian to pay maintenance to the female maintenance to the female contracting party to the contracting party to the marriage until her remarriage.marriage until her remarriage.

RESIDENCE ORDERRESIDENCE ORDER

In case the party In case the party making the petition making the petition under section 3 is under section 3 is the female the female contracting party, contracting party, the district court the district court may also make a may also make a suitable order as to suitable order as to her residence until her residence until her remarriage.her remarriage.

CUSTODY OF CHILDRENCUSTODY OF CHILDREN

Where there are children born of the child Where there are children born of the child marriage, the district court shall make an marriage, the district court shall make an appropriate order for the custody of such appropriate order for the custody of such children.children.

While making an order for the custody of a child While making an order for the custody of a child under this section, the welfare and best under this section, the welfare and best interests of the child shall be the paramount interests of the child shall be the paramount consideration to be given by the district court.consideration to be given by the district court.

An order for custody of a child may also An order for custody of a child may also include appropriate directions for giving to the include appropriate directions for giving to the other party access to the child in such a manner other party access to the child in such a manner as may best serve the interests of the child, and as may best serve the interests of the child, and such other orders as the district court may, in such other orders as the district court may, in the interest of the child, deem proper.the interest of the child, deem proper.

LEGITIMACY OF CHILDRENLEGITIMACY OF CHILDREN

Notwithstanding that a child Notwithstanding that a child marriage has been annulled by marriage has been annulled by a decree of nullity under a decree of nullity under section 3, every child begotten section 3, every child begotten or conceived of such marriage or conceived of such marriage before the decree is made, before the decree is made, whether born before or after whether born before or after the commencement of this Act, the commencement of this Act, shall be deemed to be a shall be deemed to be a legitimate child for all legitimate child for all purposes.purposes.

JURISDICTIONJURISDICTION

District Court having District Court having jurisdiction over the place jurisdiction over the place where the defendant or the where the defendant or the child resides, or where the child resides, or where the marriage was solemnized or marriage was solemnized or where the parties last where the parties last resided together or the resided together or the petitioner is residing on the petitioner is residing on the date of presentation of the date of presentation of the petition.petition.

PUNISHMENTSPUNISHMENTS

Offences to be cognizable Offences to be cognizable and non-bailable.and non-bailable.

Punishment for male adult Punishment for male adult marrying a child:- rigorous marrying a child:- rigorous imprisonment which may imprisonment which may extend to two years or with extend to two years or with fine which may extend to fine which may extend to one lakh rupees or with one lakh rupees or with both.both.

PUNISHMENTSPUNISHMENTS

Punishment for solemnizing a child Punishment for solemnizing a child marriage.-rigorous imprisonment marriage.-rigorous imprisonment which may extend to two years or which may extend to two years or with fine which may extend to one with fine which may extend to one lakh rupees or with both.lakh rupees or with both.

Punishment for promoting or Punishment for promoting or permitting solemnization of child permitting solemnization of child rigorous imprisonment which may rigorous imprisonment which may extend to two years or with fine extend to two years or with fine which may extend to one lakh which may extend to one lakh rupees or with both. Provided rupees or with both. Provided woman cannot be given punishment woman cannot be given punishment of imprisonment under this section.of imprisonment under this section.

VOID CHILD MARRIAGE

Where a child, being a minor-Where a child, being a minor-

(a) is taken or enticed out of the keeping of (a) is taken or enticed out of the keeping of the lawful guardian; orthe lawful guardian; or

(b) by force compelled, or by any deceitful (b) by force compelled, or by any deceitful means induced to go from any place; ormeans induced to go from any place; or

(c) is sold for the purpose of marriage; and (c) is sold for the purpose of marriage; and made to go through a form of marriage made to go through a form of marriage or if the minor is married after which the or if the minor is married after which the minor is sold or trafficked or used for minor is sold or trafficked or used for immoral purposes, such marriage shall immoral purposes, such marriage shall be null and void.be null and void.

INJUNCTIONINJUNCTION

Who can seek:-Who can seek:-

Child Marriage Prohibition Officer, any Child Marriage Prohibition Officer, any person having personal knowledge or person having personal knowledge or reason to believe, and a non-reason to believe, and a non-governmental organization having governmental organization having reasonable information, relating to the reasonable information, relating to the likelihood of child marriages.likelihood of child marriages.

How and where to seek:- How and where to seek:-

By way of complaint with Judicial By way of complaint with Judicial Magistrate First Class or Metropolitan Magistrate First Class or Metropolitan Magistrate.Magistrate.

INJUNCTIONINJUNCTION

Who can seek:-Who can seek:-

Child Marriage Prohibition Officer, any Child Marriage Prohibition Officer, any person having personal knowledge or person having personal knowledge or reason to believe, and a non-reason to believe, and a non-governmental organization having governmental organization having reasonable information, relating to the reasonable information, relating to the likelihood of child marriages.likelihood of child marriages.

How and where to seek:- How and where to seek:-

By way of complaint with Judicial By way of complaint with Judicial Magistrate First Class or Metropolitan Magistrate First Class or Metropolitan Magistrate.Magistrate.

PROCEDUREPROCEDURE

No injunction shall be issued unless the No injunction shall be issued unless the Court has previously given notice to Court has previously given notice to such person, members of the such person, members of the organization or association of persons, organization or association of persons, as the case may be, and has offered him as the case may be, and has offered him or them an opportunity to show cause or them an opportunity to show cause against the issue of the injunction.against the issue of the injunction.

Interim Injunction:-Interim Injunction:-

In the case of any urgency, the Court In the case of any urgency, the Court shall have the power to issue an interim shall have the power to issue an interim injunction without giving any notice.injunction without giving any notice.

INFRINGEMENT OF INJUNCTIONINFRINGEMENT OF INJUNCTION

Imprisonment of either Imprisonment of either description which may extend to description which may extend to two years or with fine which may two years or with fine which may extend to one lakh rupees or extend to one lakh rupees or with both.with both.

Provided that no woman shall be Provided that no woman shall be punishable with imprisonment.punishable with imprisonment.

Child marriages in contravention Child marriages in contravention of injunction orders to be void of injunction orders to be void ab initio.ab initio.

SPECIAL POWERSSPECIAL POWERS

For the purposes of For the purposes of preventing solemnization of preventing solemnization of mass child marriages on mass child marriages on certain days such as certain days such as Akshaya Trutiya, the District Akshaya Trutiya, the District Magistrate shall be deemed Magistrate shall be deemed to be the Child Marriage to be the Child Marriage Prohibition Officer with all Prohibition Officer with all powers as are conferred on a powers as are conferred on a Child Marriage Prohibition Child Marriage Prohibition Officer by or under this Act.Officer by or under this Act.

THANK YOUTHANK YOU

Law

Prohibition of child marriage act, 2006