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

Detailed Legal Analysis

To annul a marriage involving a minor in Saket, you can file a petition under the Prohibition of Child Marriage Act, 2006, which provides for the annulment of such marriages.

Here are the steps and requirements to annul the marriage of your child:

• Eligibility for Annulment: According to Section 3 of the Prohibition of Child Marriage Act, a child marriage is voidable at the option of the minor. If your child was married off before the age of 18 (for girls) or 21 (for boys), you can seek annulment.
• Time Frame: The petition must be filed before the minor attains the age of 18 years (if a female) or 21 years (if a male), as per Section 3(1) of the Act. However, the minor can exercise their option to annul the marriage until they reach the specified age.
• Filing the Petition: You need to file a petition in the Family Court or the appropriate court in Saket. The petition must include:
• Details of the marriage, including the date and place.
• Evidence of the minor's age at the time of marriage.
• Grounds for annulment, stating that the marriage was conducted when one or both parties were minors.
• Documentation Required: Ensure you have the following documents ready:
• Birth certificate or school records of the minor to prove age.
• Marriage certificate, if available.
• Affidavit stating the circumstances of the marriage.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to guide you through the process and represent you in court.
• Court Proceedings: Attend the court hearings as required. The court will review the evidence and may ask for additional information before making a ruling on the annulment.
• Final Order: If the court finds merit in the petition, it will issue an order annulling the marriage, which can be registered for legal record.

Additionally, it’s important to note that under Section 9 of the Prohibition of Child Marriage Act, the marriage can also be declared void if it is found to be a child marriage. The Act aims to protect minors from the dire consequences of early marriages.