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

Detailed Legal Analysis

The marriage of your child, being a minor, can be annulled under Indian law, specifically through the provisions of the Prohibition of Child Marriage Act, 2006, and the Hindu Marriage Act, 1955, depending on the religion of the parties involved.

To annul the marriage, you must follow these steps:

• Determine the Age of Majority: Under the Prohibition of Child Marriage Act, a boy must be at least 21 years old and a girl must be at least 18 years old to marry legally. If your child is below these ages, the marriage is considered voidable.
• File a Petition: You will need to file a petition for annulment in the appropriate family court. This petition should state that the marriage is void or voidable under the relevant provisions. For Hindus, refer to Section 5 and Section 11 of the Hindu Marriage Act, 1955.
• Grounds for Annulment: The grounds for annulment include:
  • The parties were not of legal age at the time of marriage.
  • There was a lack of consent due to duress or coercion.
  • Any other grounds as per Section 12 of the Hindu Marriage Act.
• Prepare Necessary Documents: Gather documents such as:
  • Birth certificates or school certificates to prove the age of the child.
  • Marriage certificate (if available).
  • Any evidence proving the circumstances of the marriage.
• Attend Court Hearings: After filing the petition, you will be required to attend court hearings where both parties may present their case.
• Obtain Court Order: If the court finds merit in your petition, it will issue an annulment order, declaring the marriage void or voidable.

Additionally, under Section 3 of the Prohibition of Child Marriage Act, any marriage conducted with a minor is voidable at the option of the minor, which means the minor can choose to annul the marriage upon reaching majority age (18 years for girls, 21 years for boys).

It is advisable to consult with a family lawyer who can guide you through the legal process and help you with the petition filing and court procedures.