Q: Discuss the validity of the marriage between a 15-year-old girl and a 65-year-old man.

Under Indian law, the validity of a marriage is governed primarily by the Prohibition of Child Marriage Act, 2006 (PCMA), the Hindu Marriage Act, 1955 (if the parties are Hindu), and other personal laws applicable to different religions.

1. Minimum Age for Marriage:

As per Section 2(a) of the Prohibition of Child Marriage Act, 2006:

• The minimum legal age for marriage is 18 years for a girl and 21 years for a boy.

In the present case, the girl is 15 years old, which is below the legally prescribed age. Hence, the marriage falls within the ambit of a child marriage.

2. Validity of Child Marriage:

• A child marriage is not automatically void under Indian law but is considered voidable at the option of the contracting party who was a child at the time of marriage. [Section 3, PCMA]
• This means the minor (in this case, the 15-year-old girl) can petition to annul the marriage within two years of attaining majority (i.e., by the age of 20).

3. Circumstances Where Child Marriage is Void:

Under Section 12 of the PCMA, a child marriage is deemed void ab initio if:

• The minor is taken or enticed out of the keeping of the lawful guardian,
• The marriage is for the purpose of trafficking or for immoral purposes, or
• The child is compelled or deceived into marriage.

If any such conditions are met, the marriage in question shall be void from the beginning.

4. Consent and Capacity:

Even if there is alleged “consent” from the girl or her guardians, it is legally irrelevant since a 15-year-old lacks the legal capacity to contract a valid marriage.

Furthermore, the age difference of 50 years between the parties may raise serious concerns of coercion, undue influence, and exploitation, especially in light of the vulnerability of a minor girl. Such a union could attract criminal liability under various provisions including:

• Section 9, PCMA: Punishment for male adult marrying a child.
• Protection of Children from Sexual Offences Act (POCSO), 2012: As the girl is below 18, any sexual activity, even within marriage, may be treated as statutory rape.

5. Conclusion:

The marriage between a 15-year-old girl and a 65-year-old man is not valid in the eyes of law. It is a child marriage, and hence voidable at the option of the girl under the PCMA. Depending on the facts, it may also be declared void ab initio. Moreover, such a marriage may lead to criminal prosecution under child protection laws.