Vidyalelo
Law · Q48

Hindu Law

Graduate and Post Graduate · Law · question 48

Q48

Under Hindu law, if a minor marries without the consent of the parents/ guardian, the marriage would be:

A.
Invalid
B.
Void
C.
Valid
Answer
D.
Both (A) and (B)

Answer: Option C

Solution

Answer: Option C
Solution:
According to Hindu law, a minor's marriage without the consent of the parents/guardian is considered both invalid and void. The consent of the parents or guardian is a crucial requirement for a valid marriage under Hindu law. If a minor enters into a marriage without obtaining the necessary consent, the marriage would be considered invalid as it fails to meet the essential requirements for a valid marriage.

Additionally, Section 12 of the Hindu Marriage Act, 1955, states that any marriage of a person who is under the age of 18 years (for females) or 21 years (for males) is voidable. This means that the marriage is considered void from the beginning and can be declared null and void by a court.

Therefore, in the given scenario, if a minor marries without the consent of the parents/guardian, the marriage would be both invalid and void.

**Please note that legal interpretations may vary, and it is recommended to consult a legal professional for precise advice in specific cases.