Legal Question in Family Law in India
Hi,
Me and girlfriend are both 17 years old, we're from India.
We plan on having a secret contractual marriage that is legally binding in court.
I will be turning 18 soon but she'll turn 18 in September. We want to sign a contract that is enforceable in court. I was looking for a workaround to the Child Marriage Restraint Act 1929 (India) or the Sarda Act because it states that the fixed age of marriage for girls is 18 and 21 for boys or else any contract signed before the aforementioned age would be considered as null and void. Is there any law or a lacuna in the Child Marriage Restraint Act 1929 which would allow us to sign a valid contract ?
Please suggest some solution or maybe if i could insert a clause in the contract or something ?
Thank you
2 Answers from Attorneys
Marriage contracts are enforceable in India. Better you wait for appropriate age required for marriage.
Sorry, there is a typing error in my advice above. Marriage contracts are NOT enforceable in India.