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(1) Every
child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the
option 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 the
district 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 or
her 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 petition
completes two years of attaining majority.
(4) While granting a decree of nullity under this section, the district court shall make an order
directing 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 gifts
received on the occasion of the marriage by them from the other side, or an amount equal to the value of
such valuables, ornaments, other gifts and money:
Provided that no order under this section shall be passed unless the concerned parties have been given
notices 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 be
inserted, namely;--
“(1A) Notwithstanding anything contained in sub-section (1) every child marriage solemnized on or
after 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].
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