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

Detailed Legal Analysis

To annul a marriage of a minor child in Siliguri, you can file a petition under the Prohibition of Child Marriage Act, 2006, and the relevant provisions of the Hindu Marriage Act, 1955, if applicable.

Here are the steps and requirements to annul a child marriage in India:

• Identify the Grounds for Annulment: Under the Prohibition of Child Marriage Act, 2006, a marriage can be annulled if:
• The bride or groom was a minor at the time of marriage.
• The marriage was not consummated.
• Either party seeks annulment on the ground that they were forced into the marriage.
• Gather Necessary Documents: Collect the following documents to support your petition:
• Birth certificate of the child to prove minority.
• Marriage certificate or any proof of marriage.
• Affidavit stating the circumstances of the marriage.
• File a Petition: You need to file a petition in the Family Court or the relevant civil court in Siliguri. The petition should include:
• Details about the marriage.
• Grounds for annulment.
• Requests for custody (if applicable) and maintenance for the child.
• Legal Representation: It is advisable to hire a lawyer who specializes in family law to assist you in drafting the petition and representing you in court.
• Attend Court Hearings: Be prepared to attend court hearings where you will present your case. The court may require the presence of both parties.
• Final Decision: If the court finds merit in your petition, it will issue an order annulling the marriage, which will be binding.

It’s crucial to act promptly since the law provides a specific timeframe within which the annulment must be sought. Under Section 3(2) of the Prohibition of Child Marriage Act, 2006, a child can seek annulment of the marriage at any time before they reach the age of 20 years.

Additionally, you may also approach child protection services or NGOs that assist in child rights issues for guidance and support throughout the process.