Condition For Bride To Be 18 Years Omitted From Purview Of Section 11 HMA: Karnataka HC Quashes Order Declaring Minor’s Marriage As Void
The Karnataka High Court has set aside the Lower Court’s Order holding marriage of the appellant void under Section 11 of Hindu Marriage Act as the age of the appellant was 16 years of age at the time of marriage.
The High Court observed that clause (iii) of Section 5 of Hindu Marriage Act which provides that the bride has to be 18 years of age has been omitted from the purview of Section 11.
The bench of Justice Alok Aradhe and Justice S. Vishwajith Shetty was dealing with an appeal challenging Judgment of the Trial Court.
The appellant’s husband had realized after their marriage that the appellant was minor at the time of marriage.
Thus he filed a petition under Section 11 seeking a declaration that the marriage is null and void on the ground that the appellant was minor at the time of marriage.
The Family Court found that the appellant was aged 16 years 11 months and 8 days and had not completed 18 years as prescribed under clause (iii) of Section 5 of Hindu Marriage Act.
The Family Court thus held that the marriage is void.
The High Court observed that clause (iii) of Section 5 of Hindu Marriage Act which provides that the bride has to be 18 years of age at the time of marriage has been omitted from the purview of Section 11.
Thus the Court held that Section 11 of the Act has no application to the fact of the present case.
Therefore the Court set aside the Judgment passed by the Trial Court.
Cause Title- Sheela v. Manjunath & Ors.
Click here to read/download Judgment
