Child marriage
Also called: Underage marriage
Under Section 2(b) of the Prohibition of Child Marriage Act, 2006, a marriage to which either contracting party is a child, that is, a male under 21 or a female under 18.
Explained
Section 2(b) of the Prohibition of Child Marriage Act, 2006 defines child marriage as a marriage to which either of the contracting parties is a child. Under Section 2(a), a child is a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years. The Act replaced the Child Marriage Restraint Act, 1929.
A child marriage is not void as a rule. Section 3(1) makes every child marriage, whether solemnised before or after the Act, voidable at the option of the contracting party who was a child at the time of the marriage. Only that party may petition the district court for a decree of nullity, through a guardian or next friend along with the Child Marriage Prohibition Officer if still a minor, and Section 3(3) requires the petition to be filed before the petitioner completes two years of attaining majority. The court may order the return of gifts and money, maintenance for the female party under Section 4, and custody of children. The marriage is void in the situations in Section 12, such as where the minor is taken from lawful guardianship, compelled or deceived, or sold for marriage, and under Section 14 where it is solemnised in breach of an injunction issued under Section 13.
The Act punishes those involved. Section 9 punishes a male adult above eighteen who contracts a child marriage. Section 10 punishes whoever performs, conducts, directs or abets it, unless he proves he had reason to believe it was not a child marriage. Section 11 punishes a parent, guardian or other person having charge of the child who promotes, permits or negligently fails to prevent it, including by attending, but no woman is punishable with imprisonment. Under Section 15 the offences are cognizable and non-bailable.
In Independent Thought v. Union of India (2017), the Supreme Court read down the marital exception to rape so that intercourse by a man with his wife below eighteen is rape. Examiners test the ages, voidability, the two year limit, who may petition and the offence provisions.
What the law says
(b) “child marriage” means a marriage to which either of the contracting parties is a child;
Clauses (a) and (b) define child and child marriage
(1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage:
Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.
(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer.
Child marriage voidable; who may petition and when
Section 12, Child Marriage Act
Where a child, being a minor—
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
Marriage of a minor void in certain circumstances
Section 11, Child Marriage Act
(1) Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees:
Provided that no woman shall be punishable with imprisonment.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.
Punishment for promoting or permitting child marriage
Section 15, Child Marriage Act
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and non-bailable.
State Amendment
Karnataka
Offences cognizable and non-bailable
Example
For example, G marries at sixteen. She may petition for nullity at any time until she turns twenty. Her father cannot petition on his own once she is an adult, because only the contracting party who was a child may seek annulment.
For the exam
- Child: male below 21, female below 18 (Section 2(a)).
- Voidable at the option of the party who was a child (Section 3(1)).
- Petition before completing two years after majority (Section 3(3)).
- Void under Section 12 (enticement, force, sale) and Section 14 (breach of injunction).
- Offences are cognizable and non-bailable; no woman is punished with imprisonment under Section 11.
39 questions in the Law Maker question bank use this term. Practise Family Law questions
Judgments
Related terms
- ChildUnder Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
- MinorA person who has not attained majority, which in India is ordinarily the completion of eighteen years. A minor cannot contract, and his agreement is void.
- GuardianA person having the care of the person of a minor, or of his property, or of both. Defined in Section 4(b) of the HMGA and Section 4(2) of the Guardians and Wards Act.
- VoidHaving no legal effect. Under Section 2(g) of the Contract Act an agreement not enforceable by law is void, and under Section 2(j) a contract becomes void when it ceases to be enforceable.
- Voidable contractAn agreement enforceable by law at the option of one or more of the parties but not at the option of the other or others. Section 2(i) of the Indian Contract Act, 1872.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.