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

Detailed Legal Analysis

You can annul a marriage of a minor child in Indore under the provisions of the Prohibition of Child Marriage Act, 2006, which allows for the annulment of such marriages. The following steps outline the process to annul the marriage:

• Determine Eligibility: Ensure that your child was indeed a minor at the time of marriage, as defined under Indian law:
  • For girls, the legal age for marriage is 18 years.
  • For boys, the legal age for marriage is 21 years.
• File a Petition: A petition for annulment can be filed in the Family Court under Section 3 of the Prohibition of Child Marriage Act, 2006.
  • The petition can be filed by the minor, the guardian, or anyone on behalf of the minor.
  • It must be filed within two years of the minor attaining the age of majority (18 years for girls, 21 years for boys).
• Gather Necessary Documents: Include the following documents with your petition:
  • Birth certificate of the minor to prove age.
  • Marriage certificate or any proof of marriage.
  • Affidavit stating the facts of the case.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to represent you and ensure proper filing and advocacy in court.
• Attend Court Hearings: After filing the petition, you will be notified of the court hearings. It is crucial to attend all hearings and present your case effectively.
• Await Court Decision: After considering the evidence and arguments, the court will issue a decree of annulment if it finds the marriage to be a child marriage under the Act.
• Registration of Annulment: Once the court grants the annulment, ensure that the annulment is registered with the relevant local authorities to update the marital status.

It's important to note that under Section 12 of the Prohibition of Child Marriage Act, 2006, any marriage conducted when either party is a minor is voidable at the option of the minor. Therefore, you have the legal right to seek annulment on these grounds. Always consider seeking legal advice to navigate the process effectively.