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    Child Marriage Act, 2006

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    KrishnaKousiki
    The document summarizes the key provisions of the Prohibition of Child Marriage Act, 2006 in India. It defines a child as a male under 21 or female under 18. Child marriage is defined as a marriage where either party is a child. The Act makes child marriages voidable and allows contracting parties to file a petition to annul the marriage. It also grants courts the power to issue orders for custody of children, maintenance, and return of gifts involved in the child marriage. Severe punishments are prescribed for solemnizing or promoting child marriages.

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    Child Marriage Act, 2006

    Uploaded by

    KrishnaKousiki
    152 views21 pages
    The document summarizes the key provisions of the Prohibition of Child Marriage Act, 2006 in India. It defines a child as a male under 21 or female under 18. Child marriage is defined as a marriage where either party is a child. The Act makes child marriages voidable and allows contracting parties to file a petition to annul the marriage. It also grants courts the power to issue orders for custody of children, maintenance, and return of gifts involved in the child marriage. Severe punishments are prescribed for solemnizing or promoting child marriages.

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    family law 1

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    child marriage act, 2006

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    The document summarizes the key provisions of the Prohibition of Child Marriage Act, 2006 in India. It defines a child as a male under 21 or female under 18. Child marriage is defined as a marriage where either party is a child. The Act makes child marriages voidable and allows contracting parties to file a petition to annul the marriage. It also grants courts the power to issue orders for custody of children, maintenance, and return of gifts involved in the child marriage. Severe punishments are prescribed for solemnizing or promoting child marriages.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    152 views21 pages

    Child Marriage Act, 2006

    Uploaded by

    KrishnaKousiki
    The document summarizes the key provisions of the Prohibition of Child Marriage Act, 2006 in India. It defines a child as a male under 21 or female under 18. Child marriage is defined as a marriage where either party is a child. The Act makes child marriages voidable and allows contracting parties to file a petition to annul the marriage. It also grants courts the power to issue orders for custody of children, maintenance, and return of gifts involved in the child marriage. Severe punishments are prescribed for solemnizing or promoting child marriages.

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    PROHIBITION OF CHILD

    MARRIAGE ACT,2006

    Definitions
    Sec,.2 (a) Child :- Male not completed 21 years

    Female not completed 18 years

    (b) Child marriage:- Either of the Contracting parties is a Child

    (c) Contracting party:- either of the contracting parties, whose marriage

    is or about to be solemnised

    (d) Child Marriage Prohibition Officer:


    Officer appointed under . Sub.Sec.(1) Sec. 16

    (e) District Court:- Family Court Under Sec..3 of Family Courts Act, 1984

    If it is not there,

    City Civil Court

    or, Principal Civil Court of Original Jurisdiction; of

    any other civil court specified


    by the State by Gazette notification,

    having jurisdiction in respect of those matters

    Sec.2(f):- Minor:- a person who under the Majority Act,1875 is deemed

    not to have attained his majority

    Sec.3(1) :- Child marriage to be voidable at the option of contracting party being a


    child,
    whether solemnised, before or after the commencement of this Act

    Proviso to this section


    Petition for such annulment may be filed in the District Court
    only by a contracting party, who was a child at the time of child
    Sec.3(2) If the petitioner is a minor,
    petition may be filed through
    Guardian,
    or next friend along with Child Marriage Prohibition Officer

    Sec.3 (3) Time Of Filing:Petition may be filed at any time, but before the child petitioner
    completes

    2 years of attaining majority

    marriage

    Returning of articles (Sec.3(4))


    The District Court shall make an Order
    directing both the parties to the marriage and
    their parents or guardians
    to return to the other party, his parents or
    guardian money, valuables ,ornaments and
    other gifts received on the occasion or an
    amount equal to the value
    Proviso: No such order shall be passed without giving
    a notice to the concerned parties to appear
    before the District Court

    Provision for maintenance and residence


    ( Sec.4(1):- While granting decree, the
    District Court may make an interim or
    final order directing the male
    (Contracting party)
    to the child marriage,

    in case he is a minor,,his parents,


    guardian

    to pay maintenance to the female


    contracting party, until her re-marriage

    Quantum of maintenance Sec.4(2)

    The quantum of maintenance shall be fixed by


    the District court by taking into consideration
    the needs of the child,
    the life style enjoyed and
    the means of income of the opposite party
    Maintenance may be in lump sum or monthly
    Sec.4(3)
    Order for Residence Sec.4(4):
    If the petitioner is a female under Sec.3, the District
    Court may also make a suitable order for her residency
    Until her remarriage

    Custody and maintenance


    Sec.5
    Custody and Maintenance Sec5(1)
    The District Court shall make an order for the custody of the children,
    born out of child marriage
    Sec.5(2) Welfare paramount

    Welfare and the best interests of the child shall be the paramount
    consideration to the court while making an order for custody of a child

    Appropriate Directions for access Sec.5(3)

    The Order for custody may also include appropriate directions for
    access to the child, and such other orders in the interests of the child

    Order for maintenance Sec.5(4)

    District court may also make an appropriate order for maintenance


    to the child by a party to the child marriage or parents, or guardians

    Legitimacy of the child( Sec.6)

    Every child begotten or conceived of child


    marriage before the decree is made, whether
    born before or after the commencement of the
    Act, shall be deemed to be the legitimate child

    Courts Power to modify Orders Sec.7


    District court shall have the power to modify
    the order passed Under Sec .4 & Sec.5, if
    there is any change of circumstances at any
    time during the pendency and even after the
    final disposal

    Court to which petition should filed (Sec.8)


    For the grant of reliefs Under Sec. 3,4,& Sec.5 the District having
    jurisdiction includes
    the District Court having jurisdiction over the place:
    where the defendant or child resides;

    where the marriage was solemnised;

    where the parties last resided together;or

    where the petitioner is residing at the date of presentation

    Punishment for marrying the Child Sec.9)


    Punishment for marrying the child is
    Rigorous imprisonment which may extend to 2 years or fine of
    Rs.1,00,000 or both

    Punishment for Child Marriage (Sec.10)

    If a person
    Performs,conducts,directs,or abets any
    child marriage
    shall be punishable with R.I for 2 years
    and shall be liable to fine of Rs.1,00,000
    unless he proves that he had a reason
    to believe that the marriage was not a
    child marriage

    Punishment for promoting or permitting


    (Sec.11(1):
    any person ,parent,or guardian or any member of
    an organisation, or association does any act to
    promote or permits for solemnisation negligently,
    fails to prevent it from being solemnised including
    attending and participating in the child marriage
    shall be punishable with rigorous imprisonment
    for 2 years, shall also be punishable to fine up to
    Rs.1,00,000

    Proviso says that no woman shall be punishable

    with imprisonment

    Presumption ( Sec.11(2)

    It shall be presumed that unless and until


    contrary is proved , the parent or in-charge has
    negligently failed to prevent the Child Marriage
    Marriage of minor child to be void ( Sec.12)
    Where a child being a minor

    (a) is taken or enticed out of lawful guardianship

    (b) by force compelled or by deceitful means


    induced to go from any place

    (c) minor is sold for marriage and made to go


    through marriage,or the minor married and
    after sold or trafficked

    Courts power to issue injunction Sec.13


    Sec.13(1):- If a Judicial Magistrate of I st.
    Class or Metropolitan Magistrate is satisfied
    on an application of the Child Marriage
    Prohibition Officer
    , or on receipt of complaint from any
    person, is satisfied that the child marriage
    has been arranged or about to be
    solemnized shall issue an injunction against
    the person or association to prohibit such
    marriage

    Complaint Under Sub.Sec.(1) ( Sec.13(2) :


    A complaint may be made by any person,
    having personal knowledge or reason to
    believe and a non-governmental organisation,
    having reasonable information of child marriage
    or likelihood of its solemnization
    Suo motu power Sec.13(3)
    Judicial I st Class Magistrate or
    Metropolitan Magistrate may also take suo
    motu cognizance on the basis of information
    or reliable report

    District Magistrate s power to act as Child Marriage


    Prohibition Officer Sec.13 (4):
    The District Magistrate shall be deemed to be the Child Marriage
    Prohibition Officer with all the powers in en masse
    Power to take appropriate measures and use of minimum force
    Sec.13(5):
    The District Magistrate shall also have additional powers to
    stop or prevent child marriage. He may take appropriate
    measures and use minimum force
    No injunction without prior notice Sec.13 (6):
    No injunction shall be issued against any person,member of any
    organisation or association without prior notice and has offered
    him or them an opportunity to show cause

    Proviso says
    in case of urgency, court shall have the power to issue interim
    injunction without notice

    Confirmation or vacation Sec.13(7): Injunction may be confirmed or vacated after


    giving notice and hearing the party
    Alteration or rescind injunction Sec.13(8)

    The court may on its own motion,


    or on the application of aggrieved, rescind or
    alter an injunction.
    Opportunity of hearing Sec13(9)
    The court shall give an opportunity of appearing
    before, either in person or by an advocate. After
    hearing, reject the application wholly or in part
    by recording the reasons for doing so

    Punishment for disobedience of injunction

    Sec.13(10): Disobedience of injunction shall be punishable


    with fine which may extend 2 years
    or with fine of Rs.1,00,000 or with both
    No woman shall be punishable with imprisonment
    Marriage in contravention of injunction,
    whether interim or final, is void ab initio Sec.14
    Sec.15
    Offences punishable under this Act shall be
    cognizable And non-bailable Sec.15

    Appointment of Child Marriage Prohibition Officer Sec.16(1): The State shall appoint Child Marriage Prohibition Officer for
    the whole State or for a particular area by a notification in the
    Official Gazette
    the State may request any of the following persons to assist
    Child Marriage prohibition Officer Sec.16(2): (a) a respectable person of the locality with a record of social
    service
    (b) Officer of a Grama Panchayat or Municipality
    (c) officer of Government or public Sector
    (d) office bearer of a non-governmental organisation
    to assist Child Marriage Prohibition Officer. Such person
    shall bound to act accodingly

    Duties of the Child Marriage Prohibition Officer Sec.16(3): (a) to prevent solemnisation
    (b) to collect evidence for effective prosecution of persons
    violating the provisions
    (c) to advise either individual cases or counsel the residents
    of locality not to indulge, participate, help, aiding , allowing
    the solemnization
    (d) to create awareness of the evil of child marriage
    (e) to sensitize the community on the issue of Child
    Marriage
    (f) furnish periodical returns and statistics, as the State
    government may direct
    (g) to discharge the functions and duties as may be
    assigned
    to him by the State

    Police Powers Sec.16(4):


    The State may by a notification in the
    official Gazette invest the Child Marriage
    Prohibition Officer with the powers of a
    police officer. He shall exercise those powers
    subject to such conditions and limitations as
    may be specified in the notification
    Power to move the Court Sec.16(5): The Child Marriage Prohibition Officer shall
    have the power to move the court for an order
    under Sec.3

    Child Marriage Prohibition Officer is a public Servant Sec.17


    Protection of action in good faith Sec.18:
    No suit or action shall lie against the Child Marriage
    Prohibition Officer in respect of anything done in good
    faith,or intended to be done in pursuance of the Act or rule or
    order
    States power to make rules Sec 19: The State may by a notification in the Official Gazette make
    rules for carrying out the provisions of the Act
    Amendment of Hindu Marriage Act 1955( Sec. 20)

    In the case of contravention of (iii) of Sec.5

    rigorous imprisonment which may extend to 2 years or fine


    which may extend to Rs.1,00,000 or with both

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