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Contents PROHIBITION OF CHILD MARRIAGE ACT, 2006 PAGE
1. Short title, extent and commencement
1
2. Definitions
2
3. Child marriages to be voidable at the option of contracting party being a child
3
4. Provision for maintenance and residence to female contracting party to child marriage
5
5. Custody and maintenance of children of child marriages
6
6. Legitimacy of children born of child marriages
7
7. Power of district court to modify orders issued under section 4 or section 5
7
8. Court to which petition should be made
8
9. Punishment for male adult marrying a child
8
10. Punishment for solemnising a child marriage
10
11. Punishment for promoting or permitting solemnisation of child marriages
11
12. Marriage of a minor child to be void in certain circumstances
12
13. Power of court to issue injunction prohibiting child marriages
13
14. Child marriages in contravention of injunction orders to be void
16
15. Offences to be cognizable and non-bailable
16
16. Child Marriage Prohibition Officers
17
17. Child Marriage Prohibition Officers to be public servants
17
18. Protection of action taken in good faith
17
I-5
CONTENTS
I-6 PAGE
19. Power of State Government to make rules
18
20. Amendment of Act No. 25 of 1955
18
21. Repeal and savings
18
SUBJECT INDEX
19
SAMPLE CHAPTER
Prohibition of Child Marriage Act, 2006 [6 OF 2007]
An Act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— Short title, extent and commencement. 1. (1) This Act may be called the Prohibition of Child Marriage Act, 2006*. (2) It extends to the whole of India 1[***]; and it applies also to all citizens of India without and beyond India: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. COMMENTS SECTION NOTES
1.1 Short Title of the Act [Section 1(1)]
The Act is officially named the Prohibition of Child Marriage Act, 2006.
This title is cited in legal references to ensure consistency and recognition.
1.2 Extent of Application [Section 1(2)] 1.2-1 General Applicability:
The Act applies across all states and territories within India, establishing a national framework against child marriage.
* Dated 10-1-2007. 1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. 2. With effect from 1-11-2007.
1
S. 2
PROHIBITION OF CHILD MARRIAGE ACT, 2006
2
1.2-2 Extra-territorial Application:
It also extends to Indian citizens abroad, meaning that the provisions apply to them even when outside the geographical boundaries of India.
1.2-3 Exclusion for Renoncants in Pondicherry:
A specific exclusion applies to the “Renoncants” of Pondicherry, a group under unique civil law frameworks due to historical and cultural factors from French governance.
1.3 Commencement of the Act [Section 1(3)] 1.3-1 Discretionary Date of Enforcement:
The Central Government holds the authority to determine the date [with effect from 1-11-2007] for the Act’s enforcement through a notification in the Official Gazette.
1.3-2 Variable Commencement for States:
Different states may adopt different commencement dates as specified by the Central Government.
1.3-3 Interpretation of Commencement References:
Any reference to the Act’s commencement within a particular state refers specifically to the date when the Act becomes enforceable in that state.
Definitions. 2. In this Act, unless the context otherwise requires,— (a) “child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age; (b) “child marriage” means a marriage to which either of the contracting parties is a child; (c) “contracting party”, in relation to a marriage, means either of the parties whose marriage is or is about to be thereby solemnised; (d) “Child Marriage Prohibition Officer” includes the Child Marriage Prohibition Officer appointed under sub-section (1) of section 16; (e) “district court” means, in any area for which a Family Court established under section 3 of the Family Courts Act, 1984 (66 of 1984) exists, such Family Court, and in any area for which there is no Family Court but a city civil court exists, that court and in any other area, the principal civil court of original jurisdiction and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act; (f) “minor” means a person who, under the provisions of the Majority Act, 1875 (9 of 1875) is to be deemed not to have attained his majority. COMMENTS SECTION NOTES
2.1 “Child”
A “child” is defined by age thresholds based on gender:
3
PROHIBITION OF CHILD MARRIAGE ACT, 2006
For males, a child is anyone below 21 years of age.
For females, a child is defined as anyone below 18 years of age.
S. 3
2.2 “Child Marriage”
“Child marriage” is a marriage where at least one of the parties is a child as defined above.
2.3 “Contracting Party”
A “contracting party” refers to either individual who is involved or is about to be involved in a marriage.
2.4 “Child Marriage Prohibition Officer”
A “Child Marriage Prohibition Officer” includes any individual appointed to this role under section 16(1) of the Act.
2.5 “District Court”
The “district court” in this context refers to different judicial bodies depending on the location:
In areas with an established Family Court under the Family Courts Act, 1984, the Family Court serves as the District Court.
In areas without a Family Court but with a City Civil Court, the City Civil Court functions as the District Court.
In other areas, the principal civil Court of original jurisdiction is designated as the district court.
Additionally, the State Government may specify other Civil Courts with jurisdiction over matters under this Act through notification in the Official Gazette.
2.6 “Minor”
The term “minor” refers to any individual who has not yet attained the age of majority as defined under the Majority Act, 1875.
Child marriages to be voidable at the option of contracting party being a child. 3. (1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage. (2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the Child Marriage Prohibition Officer. (3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority. (4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money:
PROHIBITION OF CHILD MARRIAGE ACT 2006 – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :
Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371265911 28 Paperback
Rs. 85 DESCRIPTION Prohibition of Child Marriage Act, 2006 [Bare Act with Section Notes] by Taxmann is a concise and authoritative legal reference that presents the complete text of the Act, along with section-wise explanatory notes. This Edition incorporates amendments, relevant case law references, judicial interpretations, and State-specific modifications, providing clear insight into India's statutory framework for preventing and prohibiting child marriages. The publication is designed to combine statutory accuracy with practical understanding, serving as both a reliable Bare Act and a ready guide to the application and enforcement of the law. This book is intended for the following audience: • Legal Practitioners & Advocates • Judicial Officers & Government Officials • Law Students & Academicians • Policy Makers, NGOs & Social Workers The Present Publication is the 2026 Edition, covering the amended and updated text of the Prohibition of Child Marriage Act [Act No. 6 of 2007], with the following noteworthy features: • [Complete Statutory Text] Reproduces the Act verbatim for statutory accuracy • [Section-wise Notes & Commentary] Concise explanatory notes clarifying scope, definitions, and legislative intent • [Judicial Interpretations] Key case laws illustrating the application of provisions on void and voidable marriages, maintenance, custody, and offences • [State Amendments] Inclusion of State-specific amendments, including Karnataka amendments • [Subject Index] A structured index for quick reference to core concepts
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