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

Detailed Legal Analysis

To annul a marriage of a minor in Asansol, you can file a petition under the Prohibition of Child Marriage Act, 2006, which provides a legal framework for annulment of such marriages.

Here are the steps and requirements to annul the marriage:

• Understand the Law: According to the Prohibition of Child Marriage Act, 2006, a marriage is voidable at the option of the contracting party who was a minor at the time of marriage. The relevant sections include:
  • Section 3: Defines child marriage and prohibits it.
  • Section 12: Provides for the annulment of child marriages.
• Eligibility to File: The minor spouse can file for annulment. If the marriage took place while the individual was under the age of 18, they can file for annulment until they reach the age of 20, as per Section 3 of the Act.
• Gather Required Documents: Collect the necessary documents such as:
  • Proof of age (birth certificate or school certificate).
  • Marriage certificate (if available).
  • Identity proof of the minor.
• Consult a Legal Professional: It is advisable to consult with a lawyer who specializes in family law to assist you in drafting the petition and understanding the legal nuances.
• File the Petition: The petition for annulment can be filed in the Family Court or the District Court in Asansol. Ensure to include all necessary details and supporting documents.
• Attend the Hearings: Be prepared to attend court hearings. The court will assess the validity of the marriage and the circumstances surrounding it.
• Obtain the Court Order: If the court is satisfied with the grounds for annulment, it will issue a decree nullifying the marriage.

It is important to note that under Section 13(2) of the Hindu Marriage Act, 1955, any marriage solemnized while either party is a minor is voidable, and this can be cited as a ground for annulment. Additionally, under the Juvenile Justice (Care and Protection of Children) Act, 2015, the welfare of the child is prioritized during such proceedings.

Taking action promptly is essential, as there are time limits for filing petitions. Ensure that you keep records of all communication and documentation related to the marriage and annulment process.