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

Detailed Legal Analysis

To annul a marriage where a child was married off as a minor in Thane, you can file a petition for annulment under the relevant provisions of Indian law.

The key legislation applicable in this case is the Prohibition of Child Marriage Act, 2006, which seeks to prevent child marriages and provides for the annulment of such marriages. According to this Act, a marriage is considered voidable at the option of the minor.

Here are the steps and requirements to annul the marriage:

• Eligibility The petitioner must be the minor spouse or a guardian acting on behalf of the minor. Under Section 3 of the Prohibition of Child Marriage Act, a child is defined as a male below 21 years and a female below 18 years.
• Grounds for Annulment: The marriage can be annulled on the following grounds:
  • The marriage is a child marriage.
  • The minor spouse can refuse to continue the marriage when they reach the age of majority (18 years for females and 21 years for males).
• Filing a Petition: You will need to file a petition in the Family Court under Section 3 of the Prohibition of Child Marriage Act, 2006, citing the reasons for annulment. Ensure that the petition is filed within two years from the date the minor attains majority.
• Documents Required: Gather the following documents to support your petition:
  • Copy of the marriage certificate (if available).
  • Proof of age of the minor (birth certificate, school certificate, etc.).
  • Identity proof of the petitioner.
  • Any other relevant documents that support the claim of a child marriage.
• Court Proceedings: Attend the court hearings as scheduled. The court will consider the evidence and the circumstances surrounding the marriage before making a decision.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to assist in drafting the petition and representing you in court.