My child was married off as a minor in Aligarh, how do I annul it?

Detailed Legal Analysis

To annul a marriage that took place when your child was a minor in Aligarh, you can file for annulment under the relevant provisions of the Indian law.

The specific law applicable in this scenario is the Prohibition of Child Marriage Act, 2006, which prohibits the marriage of minors and provides a legal framework for annulment. According to this Act:

• Definition of a Child: Under Section 2(a) of the Act, a "child" is defined as a male who is below 21 years of age and a female who is below 18 years of age.
• Annulment Rights: Section 3 of the Act states that a child marriage is voidable at the option of the minor. This means your child has the right to annul the marriage once they reach the age of majority.
• Time Limit: The minor can file for annulment within two years of attaining the age of majority. For example, if your child was married at 17 and turns 18, they have until the age of 20 to file for annulment.

To proceed with the annulment, follow these steps:

• Gather Evidence: Collect all relevant documents that prove the marriage took place when your child was a minor, including the marriage certificate, birth certificate, and any other supporting documents.
• Consult a Lawyer: Engage a legal practitioner who specializes in family law to guide you through the annulment process.
• File a Petition: Your lawyer will help you draft and file a petition for annulment of marriage in the appropriate family court. The petition should state the grounds for annulment under the Prohibition of Child Marriage Act.
• Attend Court Hearings: You or your child will need to attend court hearings as required. The court will review the evidence and may ask questions to ascertain the validity of the annulment.
• Obtain Decree of Annulment: If the court is satisfied with the evidence and grounds presented, it will issue a decree of annulment, officially dissolving the marriage.

Additionally, it is important to note that under the Indian Majority Act, 1875, a person attains majority at the age of 18, which reinforces the timelines for filing annulments as mentioned above.

Once the annulment is granted, ensure to obtain a certified copy of the court order for future legal and administrative purposes.