The Prohibition of Child Marriage Act, 2006

(1) This Act may be called the Prohibition of ChildMarriage Act, 2006. (2) It extends to the whole of India 1***; and it applies also to all citizens of India without and beyondIndia: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory ofPondicherry. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different States and any reference inany provision to the commencement of this Act shall be construed in relation to any State as a referenceto the coming into force of that provision in that State.

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 afemale, 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 oris about to be thereby solemnised; (d) "Child Marriage Prohibition Officer" includes the Child Marriage Prohibition Officerappointed under sub-section (1) of section 16; (e) "district court" means, in any area for which a Family Court established under section 3 of theFamily Courts Act, 1984 (66 of 1984) exists, such Family Court, and in any area for which there is noFamily Court but a city civil court exists, that court and in any other area, the principal civil court oforiginal jurisdiction and includes any other civil court which may be specified by the StateGovernment, by notification in the Official Gazette, as having jurisdiction in respect of the mattersdealt with in this Act; (f) "minor" means a person who, under the provisions of the Majority Act, 1875 (9 of 1875), is tobe deemed not to have attained his majority.

(1) Everychild marriage, whether solemnised before or after the commencement of this Act, shall be voidable at theoption 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 thedistrict 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 orher 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 petitioncompletes two years of attaining majority. (4) While granting a decree of nullity under this section, the district court shall make an orderdirecting 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 giftsreceived on the occasion of the marriage by them from the other side, or an amount equal to the value ofsuch valuables, ornaments, other gifts and money: Provided that no order under this section shall be passed unless the concerned parties have been givennotices to appear before the district court and show cause why such order should not be passed. STATE AMENDMENT Karnataka Substitution of section 3.--In the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007)(hereinafter referred to as the principal Act), In section 3, after sub-section (1) the following shall beinserted, namely;-- “(1A) Notwithstanding anything contained in sub-section (1) every child marriage solemnized on orafter the date of coming into force of the Prohibition of Child Marriage (Karnataka Amendment) Act,2016 shall be void abinitio”. [Vide Karnataka Act 26 of 2017, s. 2].

(1)While granting a decree under section 3, the district court may also make an interim or final orderdirecting the male contracting party to the child marriage, and in case the male contracting party to suchmarriage is a minor, his parent or guardian to pay maintenance to the female contracting party to themarriage until her remarriage. (2) The quantum of maintenance payable shall be determined by the district court having regard to theneeds of the child, the lifestyle enjoyed by such child during her marriage and the means of income of thepaying 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 districtcourt may also make a suitable order as to her residence until her remarriage.

(1) Where there are children born ofthe child marriage, the district court shall make an appropriate order for the custody of such children. (2) While making an order for the custody of a child under this section, the welfare and best interestsof the child shall be the paramount consideration to be given by the district court. (3) An order for custody of a child may also include appropriate directions for giving to the otherparty access to the child in such a manner as may best serve the interests of the child, and such otherorders as the district court may, in the interest of the child, deem proper. (4) The district court may also make an appropriate order for providing maintenance to the child by aparty to the marriage or their parents or guardians.