Sir I need help. I married a under age girl.she is under age I have don't know before marriage and also she hide her education from me.but some reason our marriage life is not stable I face depression but I can't tell her can I get divorce from her and our marriage is not legal for her age so can I get divorce when she is 18.and sir her family also pressure me for stay with her otherwise they will file POCSO against me. What should I do this time.. I am very depressed this time I don't know what should I do..my life is destroyed please help me sir 🙏 Please tell me what I do this time.
Dear Client, As per your query, The marriage concluded by you with a minor would be a voidable marriage under the provisions of Section 3 of the Prohibition of Child Marriage Act, 2006, and you can claim annulment from her under Section 12 of the Hindu Marriage Act, 1955, who herself is a minor and misrepresented her age and level of education. You must ensure that no physical relationship is made with her until she attains the age of 18 so that criminal charges under the POCSO Act, 2012 are avoided as sexual relationship with a minor constitutes statutory rape. Once she attains the age of 18, you may even file for divorce under Section 13 of the Hindu Marriage Act, 1955, in case the marriage continues to be unstable. Hope this answers your query.
Dear Sir, Before the parents approach the police you have to file divorce case seeking null and void of the said marriage since by hiding her age, her parents celebrated the marriage.
