Question

PRINCIPLE: One of the essential conditions for a marriage between any two persons to be solemnized under the Special Marriage Act, 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female age of eighteen years. If the said condition is not fulfilled such a marriage is null and void.
FACTS: 'A', a male aged twenty-two years propose to marry, 'B', a female aged sixteen years, at Delhi in the month of June 2014 under the Special Marriage Act, 1954.

• A. Marriage between 'A' and 'B' can be legally solemnized under the Special Marriage act, 1954
• B. Marriage between 'A' and 'B' cannot be legally solemnized under the Special Marriage act, 1954
• C. Marriage between 'A' and 'B' can remain valid for A under the Special Marriage act, 1954
• D. None of the above

Answer 1

The correct option is B Marriage between 'A' and 'B' cannot be legally solemnized under the Special Marriage act, 1954

Special Marriage Act 1954 allows the marriage between a girl (min. 18 years) & a boy (min 21 years), who do not fall in the degree of prohibited relationship. In the given case, although the boy's age is acceptable under Special Marriage act but the girl's age is less than 18 years. Hence the marriage between them cannot be legally solemnized under Special Marriage Act.1954. Correct answer is B.