What Happens in a Child Marriage Under Indian Law?

When a child marriage takes place, people often assume that the marriage is
automatically cancelled or that everyone involved is immediately punished.

Indian law, however, takes a more protective and practical approach,
especially towards the girl involved in the marriage.

Understanding what actually happens under law helps clear confusion
about validity, punishment, and the rights of the wife.

Is a Child Marriage Automatically Cancelled?

No.

Even though child marriage is illegal,
it is not automatically void.

The law does not cancel the marriage on its own.
Instead, it gives the girl the right to decide
what she wants to do after reaching adulthood.

Who Has the Right to Annul the Marriage?

The wife has the legal right to annul a child marriage.

This right becomes meaningful after she:

• Attains the age of 18 years, and
• Is legally capable of making an independent decision

The decision rests with her alone.
No one can force her to either continue or cancel the marriage.

When Can the Wife Annul the Child Marriage?

The law allows the wife to seek annulment
after attaining adulthood.

This ensures that:

• The decision is informed and voluntary
• There is no pressure from family or society
• Her future choice is respected

The law avoids forcing immediate separation during minority,
as that may cause further harm.

Is the Husband Punishable?

Yes, depending on the facts.

If the husband was an adult at the time of marriage,
he may face legal consequences for contracting a child marriage.

The law focuses on whether the husband knowingly participated
in an illegal marriage involving a minor.

Are Parents or In-Laws Liable to Punishment?

Yes.

Adults who arranged, promoted, permitted, or facilitated
the child marriage may face legal action.

This may include:

• Parents or guardians
• Relatives who supported the marriage
• Any adult who conducted or encouraged it

The law places responsibility on those
who had the power to prevent the marriage.

Is the Girl Ever Punished?

No.

The girl is treated as a victim in need of protection,
not as an offender.

The law recognises that minors usually have no real control
over marriage decisions.

What Is the Main Objective of the Law?

The law aims to:

• Protect the minor from harm
• Prevent forced or premature marriages
• Hold responsible adults accountable
• Respect the girl’s choice after adulthood

Punishment is secondary to protection and autonomy.

Does the Law Force Immediate Separation?

No.

The law does not aim at breaking families by force.
Its focus is on ensuring that the girl
has the freedom to decide her future when she is legally capable.

Key Takeaway

In a child marriage:

• ✔ The marriage is illegal but not automatically void
• ✔ The wife has the right to annul it after adulthood
• ✔ The girl is not punished
• ✔ Responsible adults may face legal consequences

In simple terms, the law prioritises
protection, choice, and future autonomy
over punishment or forced separation.

This article is written by the academic team at Delhi Law Academy, Jaipur, for general legal awareness.

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