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

Detailed Legal Analysis

You can annul your child's marriage, which was conducted while they were a minor, under the Prohibition of Child Marriage Act, 2006, and the relevant provisions of the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on the religion of the individuals involved.

Here are the steps and requirements to annul such a marriage:

• Determine the Age of Consent: Under the Prohibition of Child Marriage Act, 2006, the legal age for marriage is 18 years for females and 21 years for males. If your child was married before reaching this age, the marriage can be annulled.
• File a Petition: You need to file a petition for annulment in the appropriate Family Court. This can be done under:
  • Section 3 of the Prohibition of Child Marriage Act, 2006: A marriage can be declared voidable at the instance of the minor.
  • Section 12 of the Hindu Marriage Act, 1955: This section allows for annulment on the grounds of marriage being voidable.
• Prepare Required Documents: You will need to provide the following documents:
  • Proof of age of the child (like birth certificate or school leaving certificate).
  • Marriage certificate, if available.
  • Any other documents supporting the claim of marriage being conducted while a minor.
• Legal Representation: It is advisable to hire a lawyer who specializes in family law to ensure proper filing and representation in court.
• Attend Court Hearings: Be prepared to attend court hearings. The court will listen to both sides before making a decision regarding the annulment.
• Obtain a Decree: If the court is satisfied with the evidence presented, it will issue a decree of annulment, formally declaring the marriage void.

Furthermore, it is essential to act swiftly, as the law stipulates that a petition for annulment must be filed within two years of the child attaining the age of majority, or within two years of the child returning to the jurisdiction after attaining majority.

For any further legal assistance, consulting a local family law attorney in Aurangabad would be beneficial.