Section 3 of PCMA : Section 3: Child Marriages To Be Voidable At The Option Of Contracting Party Being A Child

Explanation using Example

Imagine a scenario where a girl named Priya was married at the age of 15 in a rural village. The marriage was arranged by her parents, and she was not given a choice in the matter. After the marriage, Priya learns about her rights and the Prohibition of Child Marriage Act, 2006. Now at the age of 18, Priya decides she wants to annul the marriage. Since she was a child at the time of her marriage, she has the right to file a petition in the district court to declare her marriage voidable.

Priya approaches the district court, and because she is still considered a minor until she turns 18, she files the petition through her guardian. The Child Marriage Prohibition Officer also supports her case. The court accepts her petition and proceeds with the necessary legal process.

The court must decide on the case before Priya turns 20, which is two years after attaining majority, as per the Act's stipulations. During the proceedings, the court orders Priya's husband and his family to return all the gifts and valuables that were exchanged during the wedding. Similarly, Priya's family is ordered to return the gifts and valuables they received.

In the state of Karnataka, if Priya's marriage had taken place after the enforcement of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, her marriage would be considered void ab initio, meaning it would be treated as invalid from the outset.