Where a child marriage has taken place, the person who was a child at the time of marriage, has an option to cancel such a marriage. You can cancel a child marriage in the following manner:
Where do you file the case?
A petition should be filed in the District Court to get the marriage annulled.
Who files the case?
If the person filing the case is a minor (below 18 years of age) then their petition has to be filed through a guardian or any other person who is interested in the child’s well being. This person will have to file the case along with the Child Marriage Prohibition Officer, who is responsible for preventing child marriages.
When can you file the case?
It is important to note that there is a time limit to file this petition. It can only be filed until two years after the child attains majority. For girls, such a petition to strike down their marriage can only be filed till they turn 20 years old and for boys until they turn 23 years old.
What does the Court do?
When such a child marriage is cancelled, the District Court will order both the spouses to return all the money, valuables, ornaments and all other gifts received during the wedding to the other side. If they are unable to return the gifts, an amount equal to the value of the gifts must be returned.1