Reforms in Family Law Part 2

As promised, Part two of the post is here. To read part one, Click Here.

Restriction on Child Marriage

In our society, the marriage of the child was solemnized in his/her childhood. In fact, at the time of marriage spouses were not aware about the meaning of marriage. The Society has taken serious measures in order to reform this unprincipled custom by restricting the child marriage. Hindus, Christians and Parsis have introduced in their personnel laws that marriage of a boy below the age of 21 years and girl below the age of 18 years as not a valid marriage and hence it is voidable. Muslim law also provides that spouse at the time of marriage should be at puberty. The Government of India has restricted the child marriage and enacted Child Marriage Restraint Act, 1929, which considers the act of child marriage as an offense and hence punishable.

According to the provisions of the Act, a child means a person who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. In 1978, certain amendments have been made in the Act, through which the definition of child was redefined, some offenses were made cognizable and further provisions were made for such offense to be tried by the Metropolitan Magistrate or Judicial Magistrate of First Class.

Thus, The Child Marriage (Restraint) Act (CMRA) was enacted in 1929 to prevent the customary practice of child marriage. According to the CMRA’s statements of objects and reasons, the main purpose of this law is to create a check on population growth as it would result in a lower fertility rate, since it reduces the time period of marriages. It was also passed to eliminate potential dangers to the life and health of female children, who cannot withstand the stress and strains of married life, and to avoid early deaths of minor mothers. According to the provisions of this Act, a child marriage is a marriage wherein either of the contracting parties is a child. However, the criminal provisions of this Act do not apply to children.

Some of the significant provisions of the Act are listed herein under:

Section 3: Punishment for male adult below twenty one years of age marrying a child –

Whoever, being a male above eighteen years of age and below twenty one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

Section 4: Punishment for male adult above twenty one years of age marrying a child –

Whoever, being a male above twenty one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Section 5: Punishment for solemnizing a child marriage –

Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child -marriage.

Section 6: Punishment for parent or guardian concerned in a child marriage –

(1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided no woman shall be punishable with imprisonment.

(2) For the purpose of this section, it shall be presumed unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent marriage from being solemnized.


PS: Part Three is going to be about Polygamy. Stay tuned :)