PTI | | Posted by Yamini C S
The Excessive Court docket of Karnataka has held {that a} marriage below the Hindu Marriage Act can’t be termed void even when the bride is beneath 18 years of age. A decrease courtroom had declared a wedding void below Part 11 of the Act however the Excessive Court docket identified that this part doesn’t embody the situation of the bride being 18. Overturning the Household Court docket order, the Excessive Court docket Bench of Justice Alok Aradhe and Justice S Vishwajith Shetty, of their judgement, on January 12, stated, “Part 11 of the Act offers with void marriages.
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The Act gives that any marriage solemnised after the graduation of the Act shall be void and the courtroom could on the petition offered by both of the events thereto, declare the identical to be nullity if it contravenes the provisions of Clauses (i), (iv) and (v) of Part 5 of the Act.
Thus, it’s evident that clause (iii) of Part 5 of the Act, which gives that the bride must be 18 years of age on the time of marriage, has been omitted from the purview of Part 11 of the Act.” Setting apart the trial courtroom order handed on January 8, 2015, the Excessive Court docket stated, “The trial courtroom has, nonetheless, failed to understand the aforesaid side of the matter.”
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Sheela from Chennapatna Taluk had approached the Excessive Court docket in 2015 in opposition to the order of the Household Court docket. She had married Manjunath on June 15, 2012. After the marriage, Manjunath realised that Sheela’s date of start was September 6, 1995 and he or she was a minor on the time of marriage. So, he filed a petition earlier than the Household Court docket to declare the wedding null and void below Part 11 of the Hindu Marriage Act.
The Household Court docket held that on the date of marriage, Sheela was 16 years, 11 months and eight days outdated and had not accomplished 18 years of age as was required below Clause-3 of Part-5 of the HMA. It, due to this fact, declared the wedding void below Part 11 of the Act. Nonetheless, her attraction earlier than the Excessive Court docket was admitted because it discovered that Clause-3 of Part-5 was not relevant to Part 11 which offers with void marriages.