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Contents PROHIBITION OF CHILD MARRIAGE ACT, 2006 PAGE
1. Short title, extent and commencement
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2. Definitions
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3. Child marriages to be voidable at the option of contracting party being a child
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4. Provision for maintenance and residence to female contracting party to child marriage
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5. Custody and maintenance of children of child marriages
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6. Legitimacy of children born of child marriages
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7. Power of district court to modify orders issued under section 4 or section 5
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8. Court to which petition should be made
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9. Punishment for male adult marrying a child
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10. Punishment for solemnising a child marriage
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11. Punishment for promoting or permitting solemnisation of child marriages
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12. Marriage of a minor child to be void in certain circumstances
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13. Power of court to issue injunction prohibiting child marriages
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14. Child marriages in contravention of injunction orders to be void
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15. Offences to be cognizable and non-bailable
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16. Child Marriage Prohibition Officers
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17. Child Marriage Prohibition Officers to be public servants
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18. Protection of action taken in good faith
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CONTENTS
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19. Power of State Government to make rules
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20. Amendment of Act No. 25 of 1955
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21. Repeal and savings
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SUBJECT INDEX
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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.
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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:
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For males, a child is anyone below 21 years of age.
For females, a child is defined as anyone below 18 years of age.
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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:
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Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed. COMMENTS SECTION NOTES
3.1 Right to Void the Marriage [Section 3(1)]
Any marriage involving a child, whether solemnized before or after the Act’s commencement, can be nullified at the option of the contracting party who was a child at the time of marriage.
Only the party who was a child at the time of the marriage can file a petition to annul the marriage in the District Court.
3.2 Filing by a Minor through Representator [Section 3(2)]
If the petitioner (the child contracting party) is still a minor at the time of filing, the petition may be submitted through:
A guardian, or
Next friend.
This filing is done alongside the Child Marriage Prohibition Officer to ensure the minor’s interests are protected.
3.3 Limitation Period for Filing the Petition [Section 3(3)]
The petition to annul a child marriage must be filed before the child completes two years after reaching the age of majority, i.e.,:
For males, before turning 23 years old (21 + 2 years).
For females, before 20 years old (18 + 2 years).
3.4 Court Order for Restitution of Gifts and Valuables [Section 3(4)]
When annulling a marriage, the District Court must issue an order requiring both parties and their families to return money, valuables, ornaments, and other gifts received during the marriage.
If returning the actual items is not feasible, the court may order payment of an equivalent amount.
3.5 Notice Requirement [Provided that]
The court issuing notices to the concerned parties, must give an opportunity to appear and show cause why such an order should not be granted.
CASE LAWS
Marriageable Age for Muslim Girls - The Madras High Court affirmed that the Prohibition of Child Marriage Act, 2006, overrides personal laws, including Muslim personal law, by setting 18 as the minimum marriageable age for girls. It held that the Act aims to ensure education, empowerment, and health for minors, emphasizing that such protective legislation does not violate religious rights under Articles 25 and 29 of the Constitution. The Court declared that early marriage contravenes the welfare and rights of the girl child. - M. Mohamed Abbas v. The Chief Secretary, Government of Tamil Nadu AIR 2015 Madras 237.
Nullity of Child Marriage - The Madhya Pradesh High Court declared a marriage involving a 15-year-old minor girl null and void under section 3 of the Prohibition of Child
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Marriage Act, 2006. The girl petitioned for annulment, citing her age and her husband’s concealment of blindness in one eye. The Court emphasized that child marriages are voidable at the option of the minor spouse, aligning with the Act’s intent to protect minors from the mental and physical strain of premature marital obligations. - Komal v. Mayaram AIR ONLINE 2024 MP 1405.
Voidability of Child Marriages: Filing Time Limits - The Rajasthan High Court set aside the Family Court’s decision dismissing an application for declaring a child marriage void under section 3 of the Prohibition of Child Marriage Act, 2006. The Family Court had dismissed the plea on the ground of being filed beyond two years of attaining majority without properly evaluating the appellant’s age. The High Court remanded the matter, emphasizing the need to consider evidence, including the appellant’s age, to ascertain whether the limitation period applied correctly. - Rinku Govind Ram v. Sukhdev Om Prakash AIR ONLINE 2019 RAJ 1121.
Voidable Nature of Child Marriages - The Madras High Court held that under
section 3 of the Prohibition of Child Marriage Act, 2006, a marriage involving a minor is voidable at the option of the minor party. The Court clarified that such a marriage remains subsisting until it is annulled by a competent court upon the petition of the minor within the statutory time frame. The decision emphasized that this provision overrides the Hindu Marriage Act to ensure the protection of minors. - T. Sivakumar v. Inspector of Police AIR 2012 Madras 62. STATE AMENDMENT KARNATAKA Section 3.
- After sub-section (1), insert— “(1A) Notwithstanding anything contained in sub-section (1) every child marriage solemnized on or after the date of coming into force of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 shall be void ab initio”.—[Vide Prohibition of Child Marriage (Karnataka Amendment) Act 2016.]
Provision for maintenance and residence to female contracting party to child marriage. 4. (1) While granting a decree under section 3, the district court may also make an interim or final order directing the male contracting party to the child marriage, and in case the male contracting party to such marriage is a minor, his parent or guardian to pay maintenance to the female contracting party to the marriage until her remarriage. (2) The quantum of maintenance payable shall be determined by the district court having regard to the needs of the child, the lifestyle enjoyed by such child during her marriage and the means of income of the paying party. (3) The amount of maintenance may be directed to be paid monthly or in lump sum. (4) In case the party making the petition under section 3 is the female contracting party, the district court may also make a suitable order as to her residence until her remarriage.
PROHIBITION OF CHILD MARRIAGE ACT 2006 – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
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TAXMANN’S EDITORIAL BOARD TAXMANN FEBRUARY 2025 2025 EDITION 9789364552554 28 PAPERBACK
Rs. 85
DESCRIPTION Prohibition of Child Marriage Act 2006 [Bare Act with Section Notes] by Taxmann is a comprehensive legal reference presenting the complete text of the Act alongside detailed commentary, explanatory notes, and the latest amendments, case laws, and state-specific modifications. It serves as an authoritative bare act and a practical guide to the nuances of India’s legislation against child marriage. This book is intended for the following audience: • Legal Practitioners & Advocates • Judicial Officers & Government Officials • Law Students & Academicians • Policy Makers & Social Workers The Present Publication is the 2025 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] Contains the entire verbatim Act • [Detailed Section Notes] Each section is supplemented with comprehensive commentary on key concepts and legal implications • [Judicial Insights] Includes summaries and extracts from significant case laws illustrating judicial interpretations • [State Amendments] Incorporates recent updates, including state-specific changes • [Structured Indexing] A thorough subject index facilitates quick reference to topics such as child marriage voidability, maintenance provisions, and child custody
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