I think you have not understood the Delhi High Court judgment in totality. No where Delhi High court made any law regarding making any marriage between a man of 21years or more with a woman less then 18years as a valid condition in contravening the condition as laid down by sec5 (iii) of the Hindu Marriage ACt, 1955 which provides the age of bride should be not less then 18years & the age of the bridegroom less then 21years. All that the Delhi High Court held that in case this condition is contravened then such marriage will not either be Void nor Void able hence it will be valid in the eye of law, but because there is contravention of the condition as laid down in section 5(iii) it will be a punishable offence under section 18 of the Hindu Marriage Act, 1955 with an imprisonment of 15 days or with fine of Rs1000/-. In short what the Hon'ble High Court held was to give correct interpretation of the minimum required age for a valid Hindu Marriage as provided in the Act, & punishment for contriving this condition. Now why it did not hold the questioned marriages which contravened the age condition as invalid was because there exist no such provision either under section 11 of the Act that defines the void marriage nor under section 12 of the Act, which provides the definitions of void able marriages, for this reason such a marriage if take place will not be either void or void able, since it is neither of these two hence it is valid. This judgment no where allows that such a contravention of condition regarding minimum age as a general rule & it should not happen. Even when any one goes for marriage in a temple, Gurdawara or even for registration of such a marriage with the marriage registrar the proof of the age is compulsory condition without which the marriage neither preformed nor registered. In the said case regarding which you mention here also the girl Shikha Sharma had mentioned her age wrongly as April 10, 1986 whereas her actual age was April 10, 1988. So you see she had mentioned her age wrongly to mislead the Arya Samaj Mandir, who did not verify her age which was wrong on there part. So forget contriving this age requirement & getting married with a 16years old girl as it will not be allowed next time as it happened in Shikha Sharma's case.
2007-04-20 02:31:09
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answer #1
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answered by vijay m Indian Lawyer 7
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If you really want to know, don't ask people's opinion on here. Doesn't matter if they say yes or no, or tell ya what they think about it on here. To get an answer on that you need to call your county clerk of the court and they will direct you to whom ever you need to speak to find out the answer. 16 in my opinion, which is just that my opinion, is not to young age wise. It really depends on how much she has matured mentally. Some sixteen yr. olds are as mature mentally as 20 year olds or more, but some are still as immature as a 12 yr. old mentally. As far as their physical maturity. Probably the vast majority of 16 yr. olds can handle that part. Women have had children at that age for centuries. It's our society who has changed the age thing. Why do you think the vast majority of states and countries have the age of consent at 16. But as I said to keep it legal, go to the Clerk of Court with this one.
2007-04-20 02:24:52
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answer #2
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answered by d h 1
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Only with the Fathers permission and if the law of consent is 16. very few states have a consent law below 18. but they do have some previsions for pergent 16 year olds to get married if the fathers of both parties agree.
2007-04-20 01:08:47
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answer #3
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answered by Anonymous
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The Delhi High Court has recently ruled that the marriage of a 15-year-old minor girl is legal if it has her consent.
Most of our readers have been in very vocal in criticising this judgement saying it would encourage child marriage. This would also take our country a few steps backwards they feel.
2007-04-20 01:10:27
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answer #4
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answered by Jay's Mom 4
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Depending on the laws in the state you are in you can marry a minor under the age of 18 with parental concent. so the best thing for you to do is call your call your county clerks office and ask. I know as far as in Texas and Vermont you can get married as young as 15 with parental concent.
2007-04-20 01:12:20
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answer #5
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answered by Anonymous
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Simple Wait for the next 2years and you could marry legally.
Wish those illitrate cartoons from countries where girls are used as sex object from the moment the poor innocent she steps foot in this world and who know nothing of India comes and marries a minor and end up the rest of their lives in the prisons of India grinding wheat flour!!
2007-04-20 09:53:18
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answer #6
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answered by Anonymous
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I think it is ethically wrong to think of marrying a 16 year old girl!
2007-04-24 00:19:31
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answer #7
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answered by Ann SR 1
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In India there is minimum age restriction for marriage (not for unwed sexual activities), 18+ for girls and 21+ for boys.
Premarital, extramarital or unwed sexual activities are not barred or prohibited hence no offence punishable in any Indian law. A wife’s sexual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her sex partner also cannot be punished, if was unaware of her wedlock or had sex with consent or connivance of her husband. However the police cannot arrest or prosecute him. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is permanently & continuously enjoying sex with all other/s. Pre marital sexual intercourses with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act. Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any Indian law and she is at liberty to enjoy SEX freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock (or within 280 days of court's divorce judgment/ decree) are her husband’s legitimate ones. He is bound to maintain or pay them expenses; till sons are 18+ and daughters are married. Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence punishable in Indian laws.
2007-04-22 10:11:27
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answer #8
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answered by Anonymous
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with parents consent, a 16 year old can get married!!! :D
2007-04-20 01:09:28
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answer #9
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answered by Forlorn Hope - returned 6
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YOU HAVE TO HAVE HER PARENTS CONSENT THERE IS A FORM FOR THAT, I KNOW THAT FOR SURE. IS NOT IMPOSSIBLE.. WHAT IS IMPOSSIBLE IS THAT YOU THINK A 16 YEAR OLD IS READY TO GET MARRIED.. GOOD LUCK.
2007-04-20 01:14:36
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answer #10
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answered by boricua_2290 5
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