PROHIBITION OF CHILD

MARRIAGE ACT,2006

Definitions
Sec,.2 (a) Child :- Male not completed 21 years

Female not completed 18 years

(b) Child marriage:- Either of the Contracting parties is a Child

(c) Contracting party:- either of the contracting parties, whose marriage

is or about to be solemnised

(d) Child Marriage Prohibition Officer:

Officer appointed under . Sub.Sec.(1) Sec. 16

(e) District Court:- Family Court Under Sec..3 of Family Courts Act, 1984

If it is not there,

City Civil Court

or, Principal Civil Court of Original Jurisdiction; of

any other civil court specified

by the State by Gazette notification,

having jurisdiction in respect of those matters

 Sec.2(f):- Minor:- a person who under the Majority Act,1875 is deemed

not to have attained his majority

Sec.3(1) :- Child marriage to be voidable at the option of contracting party being a

child,
whether solemnised, before or after the commencement of this Act

Proviso to this section

Petition for such annulment may be filed in the District Court
only by a contracting party, who was a child at the time of child
Sec.3(2) If the petitioner is a minor,
petition may be filed through
Guardian,
or next friend along with Child Marriage Prohibition Officer

Sec.3 (3) Time Of Filing:Petition may be filed at any time, but before the child petitioner
completes

2 years of attaining majority

marriage

 Returning of articles (Sec.3(4))

The District Court shall make an Order
directing both the parties to the marriage and
their parents or guardians
to return to the other party, his parents or
guardian money, valuables ,ornaments and
other gifts received on the occasion or an
amount equal to the value
Proviso: No such order shall be passed without giving
a notice to the concerned parties to appear
before the District Court

 Provision for maintenance and residence

( Sec.4(1):- While granting decree, the
District Court may make an interim or
final order directing the male
(Contracting party)
to the child marriage,

in case he is a minor,,his parents,

guardian

to pay maintenance to the female

contracting party, until her re-marriage

 Quantum of maintenance Sec.4(2)

The quantum of maintenance shall be fixed by

the District court by taking into consideration
the needs of the child,
the life style enjoyed and
the means of income of the opposite party
Maintenance may be in lump sum or monthly
Sec.4(3)
Order for Residence Sec.4(4):
If the petitioner is a female under Sec.3, the District
Court may also make a suitable order for her residency
Until her remarriage

Custody and maintenance

Sec.5
Custody and Maintenance Sec5(1)
The District Court shall make an order for the custody of the children,
born out of child marriage
Sec.5(2) Welfare paramount

Welfare and the best interests of the child shall be the paramount
consideration to the court while making an order for custody of a child

Appropriate Directions for access Sec.5(3)

The Order for custody may also include appropriate directions for
access to the child, and such other orders in the interests of the child

Order for maintenance Sec.5(4)

District court may also make an appropriate order for maintenance

to the child by a party to the child marriage or parents, or guardians

 Legitimacy of the child( Sec.6)

Every child begotten or conceived of child

marriage before the decree is made, whether
born before or after the commencement of the
Act, shall be deemed to be the legitimate child

Courts Power to modify Orders Sec.7

District court shall have the power to modify
the order passed Under Sec .4 & Sec.5, if
there is any change of circumstances at any
time during the pendency and even after the
final disposal

 Court to which petition should filed (Sec.8)

For the grant of reliefs Under Sec. 3,4,& Sec.5 the District having
jurisdiction includes
the District Court having jurisdiction over the place:
where the defendant or child resides;

where the marriage was solemnised;

where the parties last resided together;or

where the petitioner is residing at the date of presentation

Punishment for marrying the Child Sec.9)

Punishment for marrying the child is
Rigorous imprisonment which may extend to 2 years or fine of
Rs.1,00,000 or both

 Punishment for Child Marriage (Sec.10)

If a person
Performs,conducts,directs,or abets any
child marriage
shall be punishable with R.I for 2 years
and shall be liable to fine of Rs.1,00,000
unless he proves that he had a reason
to believe that the marriage was not a
child marriage

 Punishment for promoting or permitting

(Sec.11(1):
any person ,parent,or guardian or any member of
an organisation, or association does any act to
promote or permits for solemnisation negligently,
fails to prevent it from being solemnised including
attending and participating in the child marriage
shall be punishable with rigorous imprisonment
for 2 years, shall also be punishable to fine up to
Rs.1,00,000

Proviso says that no woman shall be punishable

with imprisonment

 Presumption ( Sec.11(2)

It shall be presumed that unless and until

contrary is proved , the parent or in-charge has
negligently failed to prevent the Child Marriage
Marriage of minor child to be void ( Sec.12)
Where a child being a minor

(a) is taken or enticed out of lawful guardianship

(b) by force compelled or by deceitful means

induced to go from any place

(c) minor is sold for marriage and made to go

through marriage,or the minor married and
after sold or trafficked

 Courts power to issue injunction Sec.13

Sec.13(1):- If a Judicial Magistrate of I st.
Class or Metropolitan Magistrate is satisfied
on an application of the Child Marriage
Prohibition Officer
, or on receipt of complaint from any
person, is satisfied that the child marriage
has been arranged or about to be
solemnized shall issue an injunction against
the person or association to prohibit such
marriage

 Complaint Under Sub.Sec.(1) ( Sec.13(2) :

A complaint may be made by any person,
having personal knowledge or reason to
believe and a non-governmental organisation,
having reasonable information of child marriage
or likelihood of its solemnization
Suo motu power Sec.13(3)
Judicial I st Class Magistrate or
Metropolitan Magistrate may also take suo
motu cognizance on the basis of information
or reliable report

 District Magistrate s power to act as Child Marriage

Prohibition Officer Sec.13 (4):
The District Magistrate shall be deemed to be the Child Marriage
Prohibition Officer with all the powers in en masse
Power to take appropriate measures and use of minimum force
Sec.13(5):
The District Magistrate shall also have additional powers to
stop or prevent child marriage. He may take appropriate
measures and use minimum force
No injunction without prior notice Sec.13 (6):
No injunction shall be issued against any person,member of any
organisation or association without prior notice and has offered
him or them an opportunity to show cause

Proviso says
in case of urgency, court shall have the power to issue interim
injunction without notice

 Confirmation or vacation Sec.13(7): Injunction may be confirmed or vacated after

giving notice and hearing the party
Alteration or rescind injunction Sec.13(8)

The court may on its own motion,

or on the application of aggrieved, rescind or
alter an injunction.
Opportunity of hearing Sec13(9)
The court shall give an opportunity of appearing
before, either in person or by an advocate. After
hearing, reject the application wholly or in part
by recording the reasons for doing so

 Punishment for disobedience of injunction

Sec.13(10): Disobedience of injunction shall be punishable

with fine which may extend 2 years
or with fine of Rs.1,00,000 or with both
No woman shall be punishable with imprisonment
Marriage in contravention of injunction,
whether interim or final, is void ab initio Sec.14
Sec.15
Offences punishable under this Act shall be
cognizable And non-bailable Sec.15

 Appointment of Child Marriage Prohibition Officer Sec.16(1): The State shall appoint Child Marriage Prohibition Officer for
the whole State or for a particular area by a notification in the
Official Gazette
the State may request any of the following persons to assist
Child Marriage prohibition Officer Sec.16(2): (a) a respectable person of the locality with a record of social
service
(b) Officer of a Grama Panchayat or Municipality
(c) officer of Government or public Sector
(d) office bearer of a non-governmental organisation
to assist Child Marriage Prohibition Officer. Such person
shall bound to act accodingly

 Duties of the Child Marriage Prohibition Officer Sec.16(3): (a) to prevent solemnisation
(b) to collect evidence for effective prosecution of persons
violating the provisions
(c) to advise either individual cases or counsel the residents
of locality not to indulge, participate, help, aiding , allowing
the solemnization
(d) to create awareness of the evil of child marriage
(e) to sensitize the community on the issue of Child
Marriage
(f) furnish periodical returns and statistics, as the State
government may direct
(g) to discharge the functions and duties as may be
assigned
to him by the State

 Police Powers Sec.16(4):

The State may by a notification in the
official Gazette invest the Child Marriage
Prohibition Officer with the powers of a
police officer. He shall exercise those powers
subject to such conditions and limitations as
may be specified in the notification
Power to move the Court Sec.16(5): The Child Marriage Prohibition Officer shall
have the power to move the court for an order
under Sec.3

 Child Marriage Prohibition Officer is a public Servant Sec.17

Protection of action in good faith Sec.18:
No suit or action shall lie against the Child Marriage
Prohibition Officer in respect of anything done in good
faith,or intended to be done in pursuance of the Act or rule or
order
States power to make rules Sec 19: The State may by a notification in the Official Gazette make
rules for carrying out the provisions of the Act
Amendment of Hindu Marriage Act 1955( Sec. 20)

In the case of contravention of (iii) of Sec.5

rigorous imprisonment which may extend to 2 years or fine

which may extend to Rs.1,00,000 or with both

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