Marriage not void under Hindu Marriage Act even if girl is below 18 years of age – HC

Karnataka High Court: The Karnataka High Court has said that even if the age of the bride is less than 18 years, the marriage cannot be declared void under the Hindu Marriage Act. A lower court in the state had declared a marriage void under Section 11 of the Act, but the High Court noted that the section did not contain the condition that the bride should be 18 years of age.

The age of the bride should be 18 years at the time of marriage

The High Court said, ‘‘Thus it is clear that the provisions of Section V have been omitted from the perspective of Section 11 of Act III.’’ This provision provides that the age of the bride should be 18 years at the time of marriage. On January 8, 2015, the High Court set aside the order passed by the lower court saying, ‘‘The order of the lower court failed to take into account the above aspect of the matter.’’

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