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

Detailed Legal Analysis

The marriage of a minor can be annulled under Indian law, specifically under the Prohibition of Child Marriage Act, 2006 and the Hindu Marriage Act, 1955, depending on the personal laws applicable. To annul a marriage where one party is a minor, follow these steps:

• Determine the Age of Consent: According to 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 below this age, the marriage is considered voidable.
• File an Application for Annulment: Under Section 3 of the Prohibition of Child Marriage Act, 2006, the child can file a petition in the Family Court or the appropriate civil court seeking annulment of the marriage. The application can be filed by:
  • The minor spouse.
  • Legal guardians or parents of the minor.
• Grounds for Annulment: The grounds for annulment include:
  • Marriage conducted when either party was a minor.
  • Lack of consent due to the age of the parties involved.
• Provide Evidence: Gather necessary documents and evidence to support the application, which may include:
  • Proof of age (birth certificate, school certificate).
  • Marriage certificate (if available).
  • Any other relevant documents that establish the marriage was performed when one or both parties were minors.
• Court Proceedings: Attend the court hearings as summoned. The court will examine the evidence and may grant the annulment if satisfied that the marriage contravened the stipulations of the Prohibition of Child Marriage Act.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to assist with the annulment process and represent the minor in court.

In addition to the above, if the marriage has resulted in any legal issues such as custody or maintenance, those matters will also need to be addressed in court. Always ensure that the best interests of the child are the primary focus throughout the process.