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

Detailed Legal Analysis

To annul a marriage involving a minor in Bikaner, you can file a petition under the Prohibition of Child Marriage Act, 2006, which allows for the annulment of marriages where one or both parties were minors at the time of marriage.

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

• Eligibility to File: The petition can be filed by the minor party (the child) or by a parent or guardian on behalf of the minor. Under Section 3 of the Prohibition of Child Marriage Act, a child is defined as a male under 21 years and a female under 18 years.
• Grounds for Annulment: The grounds for annulment are primarily based on the fact that the marriage was conducted while one or both parties were minors. Section 12 of the Act provides that a marriage can be declared voidable at the instance of the minor.
• Filing a Petition: You will need to approach the Family Court in Bikaner to file a petition for annulment. The petition must include details about the marriage, date of marriage, age of the parties at the time of marriage, and the reasons for annulment.
• Documentation Required: Gather necessary documents to support your petition, which may include:
• Birth certificates or school certificates to prove the age of the parties.
• Marriage certificate (if available).
• Any evidence or documentation that supports the claim of being a minor at the time of marriage.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to assist with the filing and representation during the court proceedings.
• Court Proceedings: Once the petition is filed, the court will schedule a hearing. Both parties will be given an opportunity to present their case. If the court finds that the marriage was conducted in violation of the law, it will issue an order of annulment.
• Final Order: After the hearings, if the court is satisfied with the grounds for annulment, it will issue a decree of annulment declaring the marriage void.

It is important to act promptly, as there are time limits associated with filing such petitions. Consulting with a legal expert is crucial to navigate the complexities of family law in India.