Theme: Family & Marriage

What is Adoption?

Adoption is1 the process through which a prospective adoptive parent(s) lawfully assumes the responsibility of a child, including all the rights, privileges and responsibilities that have already been given to the child. After the legal formalities of adoption are done, the child is permanently separated from their biological parents and is assumed to be the child2 of the adoptive parents.

In India, the laws on adoption are based on the religion of the parents and the child. You can choose which law applies to you from the options given below.

If you are a Hindu, Buddhist, Jain and Sikh

If you are a Hindu, Buddhist, Jain or Sikh (referred to collectively as Hindu) then you have the option of adopting under the Hindu adoption law known as the Hindu Adoptions and Maintenance Act, 1956 (HAMA). It provides for adoption of Hindu children.3 You cannot adopt under this law if you are a Muslim, Christian, Parsi, or Jew, or from the Scheduled Tribes.4 If you want to adopt under the Hindu law, read more here.

All other religions

If you do not want to or cannot adopt under a religious law, then you have the option of adopting under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which is a general adoption law under which any person of any religion5 can adopt, including Hindus, Scheduled Tribes, etc. Read more to understand how the process of adoption works under this law.

See the table given below if you want to understand which law you should adopt under: 

Hindu Adoption and Maintenance Act, 1956 (HAMA)

(Hindu Law)

 Juvenile Justice (Care and Protection of Children) Act, 2015

(Non-Religious Law)
Adoptive parents can only be Hindu, Buddhist, Jain or Sikh. You cannot adopt under this law if you are a Muslim, Christian, Parsi, Jew, or from the Scheduled Tribes. Adoptive parents can be of any religion, caste, or tribe.
Only Hindu children can be adopted. Any child of any religion can be adopted.
Children up to 15 years can be adopted. Children up to 18 years can be adopted.
Procedure to adopt is not given in detail. Usually, a deed is executed to adopt the child. The procedure for adoption is different for different categories, depending on who you are:

 

  1. Section 2(2), Juvenile Justice (Care and Protection of Children) Act, 2015; Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  2. Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015 [↩]
  3. Section 2(1), Hindu Adoption and Maintenance Act, 1956. [↩]
  4. Section 2(2), Hindu Adoption and Maintenance Act, 1956. [↩]
  5. Section 56 (1),  Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]

Children taking care of Parents

Indian law requires all persons to maintain and support their parents – biological, step-parents as well as adoptive depending on the circumstances. The Maintenance and Welfare Of Parents And Senior Citizens Act, 2007 is a special law under which a senior citizen (above 60 years) can apply to a tribunal for maintenance from their adult children or legal heirs. You can apply for maintenance if you are unable to take care of yourself. 

Who can you complain to regarding a grievance under the law?

In case a person has given the notice to have their marriage performed by or in the presence of a Marriage Registrar, and the Registrar has refused to issue a certificate of marriage, one can approach the Court. Those residing in the towns of Mumbai, Kolkata, and Chennai can directly approach their respective High Courts, while those not residing there can approach the District Court.(( Section 46. Indian Christian Marriage Act, 1872.)) 

Complaints regarding minor marriages

The Marriage Registrar must wait for 14 days from the date of receiving the notice in order to issue a certificate of receipt of notice, when one party is a minor (below the age of 21 for Christian Marriages). However, in case one cannot wait for 14 days in order to get the certificate, they can file a petition in their respective High Court, to get the certificate of receipt of notice within 14 days of the notice. However, this option is available only to the residents of Kolkata, Mumbai, and Chennai.(( Section 43, Indian Christian Marriage Act, 1872.))

Who can get married under Christian Law?

Any two persons, where one or both participants are Christians, can get married under Christian law.1

In the eyes of law, any person who truly believes in the Christian faith will be a Christian.2

Whether or not they have been baptised into the faith need not determine their status as a Christian. Rather, the law looks at the genuineness of the person’s faith in the religion, to determine whether they are a Christian or not.3

Minimum Age for Marriage

While the law does not prescribe a minimum age for getting married, the law provides for a special procedure for the marriage of minors. For the purposes of Christian Marriage, a minor is anyone below the age of 21, and someone who is not a widow/widower.4

However, the Prohibition of Child Marriage Act makes every marriage involving a child (below 18 years), illegal but voidable at the option of the child.5

In situations where the minor is between 18 to 21 years old, they would require the consent of either their father, guardian, or mother to get married under the law.6 To know more about the special procedures of marriage of a minor, read our explainer on Marriages of Minors under Christian Law.

Prohibited Marriages under Christian Law

Certain personal laws may absolutely prohibit a person from marrying a certain person, such as marriage between siblings.(( Canon 1092, Code of Canon Law.)) The Christian Marriage law does not allow for such prohibited marriages and such marriages are considered to be invalid under this law.7 However, a person still has the option to marry under the Special Marriage Act, and the impediment of personal laws won’t be applicable for such a marriage. To learn more on special or inter-religious marriages, read our explainer on Inter-Religious Marriage.

  1. Indian Christian Marriage Act, 1872, Section 4. [↩]
  2. Indian Christian Marriage Act, 1872, Section 3. [↩]
  3. Maha Ram v. Emperor AIR 1918 All 168, K.J.B. David v. Nilamoin Devi, AIR 1953 Ori 10. [↩]
  4. Section 3, Indian Christian Marriage Act, 1872. [↩]
  5. Section 3(1), Prohibition of Child Marriage Act, 2006. [↩]
  6. Sections 19 & 44, Indian Christian Marriage Act, 1872. [↩]
  7. Section 88, Indian Christian Marriage Act, 1872. [↩]

What are the schools of Muslim law?

There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars. Thus, most Muslim marriages are guided by customs derived from interpretations followed through generations. The laws and customs that apply to each person following Islam differ based on the sect of the person. Further, different branches of customs have emerged within sects. These branches have specific laws known as “Schools of Law”.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.28.)) 

 

In India,(( Consultation Paper on Reform of Family Law, Law Commission, available at https://lawcommissionofindia.nic.in/reports/CPonReformFamilyLaw.pdf.)) parts of Muslim personal law were written down in 1937 as the Muslim Personal Law (Shariat) Application Act, 1937 as well as the Dissolution of Muslim Marriages Act,1939. These two laws in many ways have led the reforms in family laws. However, Muslim marriages are guided by the Islamic religious precepts. In Islam, there are two sects- Sunni and Shia. Each sect practices different schools of law. This means that depending on the sect, the marriage procedure differs for a bride and a groom.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.28.))

Ending a Muslim Marriage

Divorce in Islam is governed by the Quran and other customary practices. These principles have been recognized by the law and this is what people are bound by. Since the origin of all this law is the Quran and many non-codified customs followed by people, the laws on marriage and divorce are not linear and clear. However, there are basic principles of what will constitute a valid divorce for Muslims across sects.

Marriage is a contract under Muslim law, which may be in a written form or an oral form. A married Muslim couple under the law has to fulfill certain marital obligations such as living together and having sexual relations. Apart from marital obligations, they also have certain legal obligations to fulfill, such as: 

  • Dividing the property (land, flats, investments and insurance) of the husband and wife.
  • Giving maintenance to the wife.
  • Right to dower/mehr of the wife.

When a Muslim marriage ends, it means that the contract you have with your husband or wife has also ended. This, in turn, stops marital obligations between your spouse and you but does not necessarily stop all the legal obligations.

There are two ways by which, a marriage can end:

Death of a Spouse

Death of either your husband or your wife ends the marriage. Since the nature of the marriage is of a contract, it is as if death has resulted in the spouse exiting the contract.

Divorce

Divorce for Muslims can happen without involving the Court. However, if required, you can involve the court in the case of a dispute during a divorce. During a divorce, either you or your spouse can initiate the divorce.

Marriage can end in either of the following ways:

  • When the husband chooses to end it.
  • When the wife chooses to end it.
  • When both husband and wife end it together.

In most cases, it is the man who has more options than the woman to say that he no longer wishes to be part of the marriage without approaching the court. The woman has only one way of doing this. However, she has other recourses through the Court.

Filing for Divorce under Hindu Marriage Law

Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final.

If there has been a valid marriage you can file for a divorce. However, if the validity of your marriage is in question then you still have to approach the Court to separate legally through separation by annulment.

Approach a Court

You have to go to Court to file a divorce case. While the divorce case is going on, you will continue to have certain duties towards your spouse and children such as giving financial support to them.

Husband Wants Divorce for Muslim Marriage

As a man in a Muslim marriage, you can simply divorce your wife by ending the contract of marriage you have entered. You don’t necessarily have to approach the Court since you have many options of ending the contract of marriage through various methods prescribed under Islam.

Since your marriage is a contract, you can decide to end your marriage simply because you choose to do so. Divorce is not fault-based in Islam. That is, unlike divorce in other religions, you need not have been harmed by your spouse either through cruelty, adultery or due to some irrecoverable illness in any way for you to want to leave your marriage.

The ways in which a husband can initiate divorce are as follows:

Talaq-e-Ahsan

Stage 1

During the period of Tuhr, in the Ahsan form of divorce, you have to say ‘talaq’ only once.

Stage 2

You can take back this ‘talaq’ during the period of her iddat. For example, you can revoke your talaq by saying the words ‘ I have retained thee’ or ‘I take back my talaq’ or by the act of having sexual intercourse with your wife. In case you could not take back your divorce before the iddat period gets over then the divorce takes place and is irrevocable. Once the divorce takes place you will have to pay maintenance to both your wife and child for their well-being.

Talaq e-Hasan

In the Hasan form of divorce, the husband has to say the word ‘talaq’ in three successive periods of tuhr.

Tuhr

Tuhr, means purity, and refers to the time when your wife is not experiencing menstruation. The wife is not allowed to have sexual intercourse with anyone during this period. You can take back the talaq after every successive period of tuhr.

Process of Divorce

Stage 1

Talaq has to be said by you when your wife’s menstruation period is over. During this period, you are not allowed to have sexual intercourse but if you do, it would mean that you have taken back your decision to divorce your wife. You can revoke your decision through words by saying it or writing it.

Stage 2

Talaq has to be said by you for the second time when your wife experiences menstruation again. At this point also, you can revoke your decision to divorce her through words or conduct.

Stage 3

This is the final Talaq that has to be said by you after your wife stops experiencing menstruation. It cannot be taken back and it is the final talaq, meaning that the divorce is final. After this, the marriage between you and your wife is over and you cannot take back the divorce anymore.

Both the Ahsan and Hasan form of Divorce are practiced and approved by Sunni and Shia Muslims.

 

Prohibition of Child Marriage

Child marriage is an age old practice in India. To address this social issue, the law prohibits people from performing child marriages and lays down punishments for those involved in conducting the marriage. 

However, if a child has been married, the law does not immediately make the marriage illegal. The child so married has the option to cancel the marriage or continue the marriage.

According to certain personal laws (laws that govern different religions on aspects like marriage, divorce etc.), in India, marriage is allowed after the child has attained puberty. This can happen before the child has turned 18 years (in case of girls) or 21 years of age (in case of boys). On several occasions, Courts have held that such marriages conducted under personal laws would not be illegal. However, the child married under such laws would still have the option to cancel their marriage as per the child marriage law. 

However, in certain circumstances, some child marriages are considered to be absolutely illegal. 

Hindu Spouse

If you want to be a Hindu spouse and marry under the Hindu Marriage Act, you have to be one of the following set of persons:1

  • Any person who is a Hindu by religion. This includes Veerashaiva, Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj.
  • Buddhist, Jain or Sikh by religion.
  • Any other person to which the Act applies who is not a Muslim, Christian, Parsi, or Jew by religion.

If you are governed by Hindu law or custom or usage, then you can marry under the Hindu Marriage Act.

  1. Section 2, The Hindu Marriage Act, 1955. [↩]

Who can be Adopted?

Adoption under Non-Religious Law

Under the non-religious law on adoption,1 the following children can be adopted: 

  • If the children given below are declared legally free for adoption by the Child Welfare Committee:
    • Any orphan who is a child without biological parents, adoptive parents or a legal guardian. 2 
    • Abandoned child who is a child  deserted by their biological parents.
    • Surrendered child who is a child who has been given up by the parents to the adoption authorities. 
  • Child of a relative. 3 
  • Child of a spouse who is surrendered by the biological parent, to be adopted by the step-parent. 

Adoption under Hindu Law

Under the Hindu law on adoption,4 children can be adopted only if they meet the following criteria,5 with some exceptions based on customs and usage: 

  • They are not married
  • They are below 15 years of age
  • They are Hindu
  • They are not already adopted
  1. Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  2. Section 1(4), Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  3. Section 56(2), Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  4. Hindu Adoption and Maintenance Act, 1956. [↩]
  5. Section 10, Hindu Adoption and Maintenance Act, 1956. [↩]

Punishment for Abandoning and Neglecting Senior Citizen

If you leave a senior citizen at some place with the intention of abandoning them and not taking care of them, you can be punished with jail time of up to three months and/or a fine of up to Rupees five thousand. The police can make an arrest without the permission of a court. However, this is a bailable crime. If you are able to pay the bail bond, you will be released.

Who can perform a Christian Marriage?

The following persons can perform a Christian Marriage under the law:

  1. Any person who has received the ordination from their church to be a priest/minister.(( Section 5(1), Indian Christian Marriage Act, 1872.))
  2. Any clergyman of the Church of Scotland.(( Section 5(2), Indian Christian Marriage Act, 1872.))
  3. Any Minister of Religion licensed under the Indian Christian Marriage law to perform marriages.(( Section 5(3), Indian Christian Marriage Act, 1872.))
  4. A Marriage Registrar appointed under the Indian Christian Marriage Act. The marriage has to take place by the Registrar or in their presence.(( Section 5(4), Indian Christian Marriage Act, 1872.))
  5. By any person licensed under the Indian Christian Marriage Act to grant certificates of marriage.(( Section 5(5), Indian Christian Marriage Act, 1872.))

Any marriage performed by a priest, minister or any clergyman of the Church of Scotland will be performed according to the rules, rites, ceremonies, and customs of that particular denomination of church. However, the procedure for marriages will be according to the Indian Christian Marriage Act if conducted by a Minister of Religion, Marriage Registrar or by any person licensed to give certificates under this law. The procedures also differ based on the person performing the marriage. Read more on the procedures here.

Is Muslim marriage a contract?

Marriage is a contract under Muslim law.(( Hasina Bano v. Alam Noor A.I.R 2007 Raj 49.)) The contract can be entered into by fulfilling the following conditions:

  • Both the bride and groom must give free consent for the marriage.
  • The couple getting married should be of sound mind and should have attained puberty (usually 15 years).(( Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].)) 
  • A guardian like a parent or sibling can consent on behalf of a minor or someone not of sound mind.

One Spouse wants a divorce under Hindu Marriage Law

Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to the Court to hear you.

Your spouse can deny these reasons and tell the Court why he or she does not want the divorce.

Under the law, you can file for divorce only after one year of marriage.

One Year Period

If you want to file a divorce against your spouse, then under the law you have to wait for a period of one year from the date of the marriage to file for a divorce.

For example, if Jitendra and Vahida got married on the 9th of January, 2018, Jitendra has to wait till at least 9th of January, 2019 if he wants to file a divorce against Vahida.

Exceptions to the One Year Period

Although the law gives a waiting period of one year, there are certain reasons by which the parties can go to Court before this time limit, such as:

  • Exceptional hardship to one of the spouses. For example, if your husband or wife is physically abusing you every day, then you can go to Court to file for a divorce.
  • Exceptional depravity to one of the spouses. For example, if your husband or your wife is asking you to do humiliating sexual acts.

Wife Wants Divorce for Muslim Marriage

Given below are the provisions for divorce to a marriage under Muslim law, when initiated by the wife. 

Khula

Khula is divorce initiated by the wife. If you want to divorce your husband, you can go to either the court directly or to a Mufti. The Court or the Mufti will ask the husband to be present. And in the presence of the husband the court or mufti will ask the husband if he accepts the offer. Once the husband accepts the offer, the divorce is complete.

Talaq-e-tafwid

Your husband has the power to delegate or transfer his right to divorce, to you or any third person through the contract of marriage (kabi-nama) at the time of the marriage. This agreement lists down important points for such transfer of right.

It usually stipulates the amount of mehr you have to forgo to exercise your right to ask for a divorce.

Conducting a Child Marriage

Conducting child marriages is also a crime: 

  • Conducting the Marriage: Anyone who performs or helps in performing a child marriage will be committing a crime. 
  • Parents/Guardians conducting marriage: If a parent, guardian or any person responsible for a child in any capacity, promotes child marriage or participates in conducting a child marriage, then they will be committing a crime. Attending or participating in a child marriage is also a crime. 

Anyone who is convicted of committing these crimes will be punished with rigorous imprisonment for two years along with a fine of one lakh rupees. 

All offences under this law are cognizable and non-bailable, which means that the police can arrest you without a warrant and bail will not be granted to you as a matter of right. 

 

Minimum Age for Hindu Marriage

The minimum age for a marriage under Hindu law is:

  • the groom must have been over 21 years of age and
  • the bride must have been over 18 years of age

The punishment for not adhering to this requirement is simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees.

If either one of the parties is not of marriageable age, the marriage is considered a child marriage and is a voidable marriage.

Who can Adopt?

Adoption under Non-Religious Law

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) you(( Regulation 5, Adoption Regulations, 2017.)) must meet the following conditions to be considered as a prospective adoptive parent:

Health 

  • You must be physically fit i.e. you have no life threatening medical condition
  • You must be financially sound, mentally and emotionally stable, and highly motivated to adopt a child for providing a good upbringing.

Marital Status

  • Single Adoptive Parent: It does not matter if you are married or if you already have children i.e. a single/divorced/married person with a child can adopt a child. If you want to adopt a girl child, you must be a woman, as a single female can adopt both male and female children. However, as a single father, you cannot adopt a girl child. 
  • Married Adoptive Parent: In case of a married couple, both spouses must consent to the adoption. In case of a married couple, a married couple must have had at least two years of stable marital relationship.

Existing Children

Couples with three or more children shall not be considered for adoption except in case of children with special needs, children who are hard to place (who are not getting any referrals from a long time), and relative adoption and adoption by step-parent.

Age

The minimum age difference between the child and either of the prospective adoptive parents must be at least 25 years.

  • The combined age of prospective adoptive parents shall be counted for deciding their eligibility to apply for adoption of children from different age groups, except in cases of relative adoption and adoption by step-parent. See table below to understand whether you are eligible to adopt a child from different age groups. 
Age of the child Maximum combined age of the adoptive parents (couple) Maximum age of single adoptive parent
Upto 4 years 90 years 45 years
Above 4 and upto 8 years 100 years 50 years
Above 8 and upto 18 years 110 years 55 years

Adoption under the Hindu Law

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) you must meet the following conditions to be considered as a prospective adoptive parent.

As a male or female Hindu, you can adopt a male or female Hindu child. A male Hindu adopting a female child must be at least 21 years older to her. Similarly, a female Hindu adopting a male child must be at least 21 years older to him For adopting under the HAMA, you should meet the following criteria:(( Sections 7 and 8, Hindu Adoption and Maintenance Act, 1956.)) 

Age

  • You must be a major person (above the age of 18) and of sound mind.

Marital Status

  • Married Adoptive Parent: If married, you should have the consent of your living wife/wives, or husband, unless your spouse is of unsound mind or has renounced the world or is not a Hindu anymore. In case of one wife, she will be considered as an adoptive mother, and in case of multiple wives, the senior-most wife will be considered as the adoptive mother while the others will be step-mothers. 
  • Single Adoptive Parent: If unmarried or widowed, you may adopt a child, and any man/woman you marry subsequently will be considered the step-father/step-mother. 

Existing Children

  • If you are adopting a girl, you must not have a living Hindu daughter or granddaughter (biologically or by adoption), and if you are adopting a boy, you must not have a living Hindu son, grandson or great-grandson (biologically or by adoption).

Amount of Maintenance for Parents

There is no standard amount of money awarded as maintenance for parents. It is decided on a case-by-case basis. The amount due to you will be decided by the court taking into account a number of factors, such as:

  • Status and standard of living of the child or legal heir
  • Your needs and requirements (reasonably calculated)
  • Whether you are living separately from your child or legal heir
  • Income, wealth and value of the child or legal heir’s properties.
  • Income, wealth and value of your properties.
  • Number of persons who have to receive maintenance.

The judge will decide the duration of the maintenance to be paid, but in most cases the duration will be for your lifetime.

What are Irregular Christian Marriages?

Irregular marriages are those marriages where certain conditions are not followed. Usually, such marriages are considered to be invalid from the start; however, the law states that in case there are irregularities, the marriage will not be invalidated, rather it will be rectified.(( Section 77, Indian Christian Marriage Act, 1872.)) Given below are some of the reasons for which a marriage may be irregular. Some of these errors may happen:

  • In any statement regarding the place of residence of the persons married
  • In any manner of consent given by a person whose consent to such marriage is required by law.
  • In the notice of the marriage.
  • In the certificate.
  • In the time and place at which the marriage took place. 
  • In the registration of the marriage.(( Section 77, Indian Christian Marriage Act, 1872.))

 

What is the proposal and acceptance requirement for Muslim marriage?

There should be a proposal of marriage made by or on behalf of one of the parties and the other party has to accept this proposal. Both the bride and groom have to say Ejab e Qubool (Qubool hai), which means “I agree”.

 

This has to be said out of their own will and explicitly during the ceremony. The proposal and the acceptance should be made at one meeting, meaning, a proposal made at one meeting and an acceptance made at another meeting will not constitute a valid marriage.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.331.))

Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

You and your spouse can go to Court if:

  • Both of you have been living separately for more than one year.
  • Both of you have not been able to live together.
  • Both of you have consented to end your marriage.

Under the law, you can file for this kind of divorce only after one year of marriage. After filing, the Courts will give you a minimum period of 6 months up to 18 months to reconcile with your spouse and withdraw your petition if you wish to do so – to reflect on whether or not both you and your spouse truly want to pursue the divorce.

For example, if Jitendra and Vahida got married on the 9th of January, 2018 and they want to divorce each other, they have to wait till the 9th of January, 2019. After filing the case on 9th of January 2019, the Courts will give them 6-18 months time to decide whether they want to pursue the divorce.

This minimum period of 6 months time limit is not a strict rule as Courts in India have waived the time limit in cases where:

  • There is no chance of you and your spouse reuniting.
  • All efforts of mediation and conciliation between you and your spouse have failed.
  • You and your spouse have settled all issues that normally arise in divorce proceedings, such as maintenance, custody of children etc.
  • If the waiting period after filing the case of 6 to 18 months, prolongs your agony and suffering.
  • When you have filed a case against your spouse for divorce, and then later both you and your spouse decide to mutually divorce each other.

Wife Approaches Court for Divorce for Muslim Marriage

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons:

Absence of Husband

  • When your husband has been missing for over 4 years.
  • When your husband goes to jail for 7 years or more.
  • When your husband fails to pay maintenance for 2 years.

Illness or Incapacity

  • When your husband is impotent.
  • When your husband is suffering from insanity or an incurable venereal disease.
  • If your marriage took place before the age of 15 years.

Ill-treatment

All these grounds are subject to certain conditions which you should consult a lawyer to understand more.

Parental Responsibility of their Child’s Marriage

In most crimes, the responsibility to prove the guilt lies on the public prosecutor, an advocate for the State. However, under this law, if a child marriage has taken place, then it will be presumed that the parent or guardian responsible for the child failed to prevent the child marriage from taking place. 

It is important to note that women cannot be punished with imprisonment under this law, and can only be fined.