Cancelling a Child Marriage

Last updated on Apr 8, 2022

Where a child marriage has taken place, the person who was a child at the time of marriage has an option to cancel the 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 within 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 till they turn 23 years old.

 

What does the Court do?

When such a child marriage is cancelled, the District Court will order both the parties 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. 

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Comments

ankamma rao s

August 26, 2024

Hi child marriage areinjd in ap Prakasam district santanutala padu bisaide chalapalem girl age 16yers below please cancel

Sikha

December 10, 2024

Nyaaya X NLU G
100%
H241

I
Since, there’s an urgent need to intervene in a situation where a child marriage is being planned, here are several steps you can take:

National Child Helpline
Call 1098 – This is a 24/7 helpline for children in distress.

You can report any incidents of child marriage here.
Report to Local Authorities:
Nearest police station
Child Welfare Committee
Local governing bodies like the panchayat

Contact NGOs:
NGOs Working Against Child Marriage: (contact them and convey your issue)
Kailash Satyarthi Foundation
Email: info@satyarthi.org
Phone: 011-47511111
Website for reporting: https://satyarthi.org.in/contact/
Bachpan Bachao Andolan (Association for Voluntary Action – AVA)
Helpline: 1800-102-7222
Email: complaints@bba.org.in

Online Complaint:
E-Baal Nidan Online Complaint Management System:

Visit the E-Baal Nidan website to file a complaint. You will need to provide details such as your name, mobile number, and the nature of your complaint (e.g., “Law relating to Child Rights”). You can also upload any relevant photos. This system is managed by the National Commission for Protection of Child Rights (NCPCR).
Each of these steps can help you prevent child marriage and protect the rights of the child involved. It’s crucial to act quickly and use the resources available to you.

Tracker

I
Since, there’s an urgent need to intervene in a situation where a child marriage is being planned, here are several steps you can take:

National Child Helpline
Call 1098 – This is a 24/7 helpline for children in distress.

You can report any incidents of child marriage here.
Report to Local Authorities:
Nearest police station
Child Welfare Committee
Local governing bodies like the panchayat

Contact NGOs:
NGOs Working Against Child Marriage: (contact them and convey your issue)
Kailash Satyarthi Foundation
Email: info@satyarthi.org
Phone: 011-47511111
Website for reporting: https://satyarthi.org.in/contact/
Bachpan Bachao Andolan (Association for Voluntary Action – AVA)
Helpline: 1800-102-7222
Email: complaints@bba.org.in

Online Complaint:
E-Baal Nidan Online Complaint Management System:

Visit the E-Baal Nidan website to file a complaint. You will need to provide details such as your name, mobile number, and the nature of your complaint (e.g., “Law relating to Child Rights”). You can also upload any relevant photos. This system is managed by the National Commission for Protection of Child Rights (NCPCR).
Each of these steps can help you prevent child marriage and protect the rights of the child involved. It’s crucial to act quickly and use the resources available to you.

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Related Resources

How can minors marry under Christian Law?

Under Christian law, a minor is defined as someone below the age of 21 years, and is not a widow or widower.

Reporting Child Marriages

Anyone can file a complaint of child marriage, including the child. It doesn't matter whether the child marriage has taken place or not.

Prohibition of Child Marriage

The law prohibits people from performing child marriages and lays down punishments for those involved in conducting the marriage. 

Who can get married under Christian Law?

Any two persons who are Christians can marry under Christian law. However, there are some minimum age requirements and prohibited marriages.

Child Marriage Prohibition Officers

Child Marriage Prohibition Officers (CPMO) are appointed by the State governments to curb issues of child marriages in each State.

Power of the Court to Stop Child Marriage

After receiving credible information, the Court can issue an order prohibiting a child marriage from being conducted.