Rajasthan law doesn’t validate child marriage, but helps underage brides’ rights
recent controversy Amendment in Rajasthan Compulsory Marriage Registration Act unnecessary, as it does not equate to explicitly validating or legalizing child marriage. However, the issues raised by the opposition and National Commission for Protection of Child Rights There may be an opportunity for a rethink on the legal framework relating to child marriage that continues despite a statutory prohibition. The Rajasthan law enacted in 2009 provides for compulsory registration of all marriages. It is largely similar to the Acts of other states, and is based on the Supreme Court’s decision. Seema vs Ashwini Kumar (2007), which directed that all marriages in India should be registered. The original law itself did not exclude the registration of child marriages, and the amendment is intended only to change the age at which parents or guardians are obligated to register a change in favor of the marriage. Previously, it was the duty of the parties to the marriage to submit a memorandum on their marriage to the Registrar if both of them were above 21 years of age; And if younger, then it was the duty of the parents or guardians. The amendment changes this age limit to 21 for men and 18 for women. It is difficult to see this change authorizing the bride to participate in marriage registration after the age of 18, as it allows child marriage.
Under the law, child marriage is not voidable but voidable only at the instance of one of the parties, who can approach the court to annul the marriage within two years of attaining majority. Registering such a marriage can help establish the legal rights of the underage party and any children born and prevent any subsequent attempts to denounce the marriage. It can help prosecute child marriages and enforce provisions relating to the maintenance and residence of a girl whose marriage has subsequently become void. Nothing stops the Registrar of Marriages from alerting the Child Marriage Prohibition Officer after the marriage registration. It should be noted that there was never any specific restriction on the registration of child marriages. Even the Supreme Court held that even though the registration itself cannot be proof of a valid marriage, it would have “great evidence value in matters of the custody of children, the right of children born out of the marriage of two persons”. whose marriage is registered and the age of the parties to the marriage”. To make child marriages void, and annulled when either party was between 16 and 18.
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