IN HINDU LAW, THE LEGAL STATUS OF CHILD MARRIAGE

Abstract

The heinous practise of child marriage has existed in India since the Middle Ages. The validity of child marriage has even been acknowledged by parliamentarians. Personal laws are the rules that regulate marriage. Section 5 of the Hindu Marriage Act defines what constitutes a legal marriage. According to Section 5(iii) of the Act, the age of marriage is one of the most important requirements for a legal marriage. According to the clause, the bride is 18 years old and the groom is 21 years old. People, according to the researcher, do not strictly stick to the age criterion. It has been given more weight than other laws because it is a personal law. Because precedents suggest that child marriage does not fall within the Hindu Marriage Act's sections 11 and 12. Furthermore, even though the validity of the child's marriage is disputed, it is punishable under the Act. As a result, the researcher concludes that child marriage should be evaluated in light of the welfare of the children.