THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

What is the title of the Act enacted to prohibit child marriages?

The Prohibition of Child Marriage Act, 2006.

What is the Act number of the Prohibition of Child Marriage Act, 2006?

Act No. 6 of 2007.

On which date did the Prohibition of Child Marriage Act, 2006 come into force?

10th January, 2007.

What is the object of the Prohibition of Child Marriage Act, 2006 as stated in its long title?

The object of the Act is to provide for the prohibition of solemnisation of child marriages.

Apart from prohibiting child marriages, what other matters does the Prohibition of Child Marriage Act, 2006 deal with?

The Act deals with matters connected therewith or incidental thereto.

By which authority was the Prohibition of Child Marriage Act, 2006 enacted?

The Act was enacted by Parliament.

In which year of the Republic of India was the Prohibition of Child Marriage Act, 2006 enacted?

The Act was enacted in the Fifty-seventh Year of the Republic of India.

Which section of the Prohibition of Child Marriage Act, 2006 deals with the “short title, extent and commencement” of the Act?

Section 1

What is the short title of the Act as provided under Section 1(1) of the Prohibition of Child Marriage Act, 2006?

The Act may be called the Prohibition of Child Marriage Act, 2006.

To which territory does the Prohibition of Child Marriage Act, 2006 extend under Section 1(2)?

The Act extends to the whole of India.

Does the Prohibition of Child Marriage Act, 2006 apply to citizens of India residing outside India?

Yes, the Act applies to all citizens of India within and beyond India.

Is there any exception to the application of the Prohibition of Child Marriage Act, 2006 under Section 1(2)?

Yes, nothing contained in the Act applies to the Renoncants of the Union Territory of Pondicherry.

Who is empowered to appoint the date of commencement of the Prohibition of Child Marriage Act, 2006 under Section 1(3)?

The Central Government is empowered to appoint the date of commencement by notification in the Official Gazette.

Can different dates of commencement be appointed for different States under the Prohibition of Child Marriage Act, 2006?

Yes, different dates may be appointed for different States.

How is the reference to commencement of the Act construed for a particular State under Section 1(3)?

Any reference to the commencement of the Act is construed as a reference to the coming into force of that provision in that State.

Which section of the Prohibition of Child Marriage Act, 2006 contains the definitions of terms used in the Act?

Section 2

Who is considered a child under Section 2(a) of the Prohibition of Child Marriage Act, 2006?

A child means a person who, if a male, has not completed twenty-one years of age and, if a female, has not completed eighteen years of age.

What is meant by “child marriage” under Section 2(b) of the Prohibition of Child Marriage Act, 2006?

Child marriage means a marriage to which either of the contracting parties is a child.

Who is a “contracting party” in relation to a marriage under Section 2(c) of the Prohibition of Child Marriage Act, 2006?

A contracting party means either of the parties whose marriage is or is about to be thereby solemnised.

How is “Child Marriage Prohibition Officer” defined under Section 2(d) of the Prohibition of Child Marriage Act, 2006?

Child Marriage Prohibition Officer includes the officer appointed under sub-section (1) of section 16 of the Act.

What does “district court” mean under Section 2(e) of the Prohibition of Child Marriage Act, 2006?

District court means, where a Family Court exists, such Family Court; where no Family Court exists but a city civil court exists, that court; and in any other area, the principal civil court of original jurisdiction, and includes any other civil court notified by the State Government in the Official Gazette.

Who is a “minor” under Section 2(f) of the Prohibition of Child Marriage Act, 2006?

A minor means a person who, under the provisions of the Majority Act, 1875, is deemed not to have attained his majority.

Which section of the Prohibition of Child Marriage Act, 2006 provides that a child marriage is voidable at the option of the contracting party being a child?

Section 3

What is the legal nature of a child marriage under Section 3(1) of the Prohibition of Child Marriage Act, 2006?

Every child marriage, whether solemnised before or after the commencement of the Act, is voidable at the option of the contracting party who was a child at the time of the marriage.

Who is entitled to file a petition for annulling a child marriage under the proviso to Section 3(1) of the Prohibition of Child Marriage Act, 2006?

Only a contracting party to the marriage who was a child at the time of the marriage is entitled to file a petition for annulling the child marriage.

Before which court can a petition for annulling a child marriage be filed under Section 3(1) of the Prohibition of Child Marriage Act, 2006?

The petition for annulling a child marriage may be filed in the district court.

How can a petition be filed if the contracting party is a minor at the time of filing under Section 3(2) of the Prohibition of Child Marriage Act, 2006?

If 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.

Within what time limit must a petition for annulling a child marriage be filed under Section 3(3) of the Prohibition of Child Marriage Act, 2006?

The petition may be filed at any time but before the child filing the petition completes two years of attaining majority.

What order is the district court required to pass while granting a decree of nullity under Section 3(4) of the Prohibition of Child Marriage Act, 2006?

The district court shall direct both parties to the marriage and their parents or guardians to return the money, valuables, ornaments and other gifts received on the occasion of the marriage, or an amount equal to their value.

To whom are the money, valuables, ornaments and other gifts required to be returned under Section 3(4) of the Prohibition of Child Marriage Act, 2006?

To the other party, his or her parents or guardian, as the case may be.

What procedural safeguard is provided before passing an order for return of money or valuables under the proviso to Section 3(4) of the Prohibition of Child Marriage Act, 2006?

No such order shall be passed unless the concerned parties have been given notice to appear before the district court and show cause why the order should not be passed.

Which section of the Prohibition of Child Marriage Act, 2006 provides for maintenance and residence to the female contracting party to a child marriage?

Section 4

Who may be directed to pay maintenance to the female contracting party under Section 4(1) of the Prohibition of Child Marriage Act, 2006?

The male contracting party to the child marriage, or in case he is a minor, his parent or guardian may be directed to pay maintenance.

Until when is maintenance payable to the female contracting party under Section 4(1) of the Prohibition of Child Marriage Act, 2006?

Maintenance is payable until her remarriage.

On what basis does the district court determine the quantum of maintenance under Section 4(2) of the Prohibition of Child Marriage Act, 2006?

The district court determines the quantum of maintenance having regard to the needs of the child, the lifestyle enjoyed during her marriage, and the means of income of the paying party.

How can the maintenance amount be paid under Section 4(3) of the Prohibition of Child Marriage Act, 2006?

The maintenance may be directed to be paid monthly or in lump sum.

What provision does Section 4(4) of the Prohibition of Child Marriage Act, 2006 make regarding the residence of the female contracting party?

If the female is the party making the petition under Section 3, the district court may make a suitable order as to her residence until her remarriage.

Which section of the Prohibition of Child Marriage Act, 2006 deals with the custody and maintenance of children born of child marriages?

Section 5

Who makes the order for the custody of children born of a child marriage under Section 5(1) of the Prohibition of Child Marriage Act, 2006?

The district court makes an appropriate order for the custody of such children.

What is the paramount consideration for the district court while making a custody order under Section 5(2) of the Prohibition of Child Marriage Act, 2006?

The welfare and best interests of the child are the paramount consideration.

Can the district court grant access to the child to the other party under Section 5(3) of the Prohibition of Child Marriage Act, 2006?

Yes, the order for custody may include directions for giving access to the child to the other party in a manner that best serves the interests of the child.

What other orders can the district court make regarding children of child marriages under Section 5(3) of the Prohibition of Child Marriage Act, 2006?

The district court may make such other orders as it deems proper in the interest of the child.

Who may be directed to provide maintenance to the child under Section 5(4) of the Prohibition of Child Marriage Act, 2006?

The district court may direct a party to the marriage or their parents or guardians to provide maintenance to the child.

Which section of the Prohibition of Child Marriage Act, 2006 deals with the legitimacy of children born of child marriages?

Section 6

Are children born of a child marriage annulled under Section 3 considered legitimate?

Yes, every child begotten or conceived of such a marriage before the decree is made shall be deemed legitimate for all purposes.

Does the legitimacy of children under Section 6 apply to children born before or after the commencement of the Act?

Yes, it applies to children born before or after the commencement of the Act.

Which section of the Prohibition of Child Marriage Act, 2006 provides the district court with the power to modify orders under Section 4 or Section 5?

Section 7

What powers does the district court have under Section 7 of the Prohibition of Child Marriage Act, 2006?

The district court has the power to add to, modify, or revoke any order made under Section 4 or Section 5.

Under what circumstances can the district court modify, add to, or revoke orders under Section 7 of the Prohibition of Child Marriage Act, 2006?

The court can exercise these powers if there is any change in circumstances during the pendency of the petition or even after the final disposal of the petition.

Which section of the Prohibition of Child Marriage Act, 2006 specifies the court to which a petition should be made?

Section 8

For the purpose of granting reliefs under Sections 3, 4, and 5, which district courts have jurisdiction under Section 8?

The district court having jurisdiction over the place where the defendant or the child resides, or where the marriage was solemnised, or where the parties last resided together, or where the petitioner is residing on the date of presentation of the petition.

Which section of the Prohibition of Child Marriage Act, 2006 prescribes punishment for a male adult marrying a child?

Section 9

What is the punishment for a male adult contracting a child marriage under Section 9 of the Prohibition of Child Marriage Act, 2006?

The male adult shall be punishable with rigorous imprisonment which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Which section of the Prohibition of Child Marriage Act, 2006 prescribes punishment for solemnising a child marriage?

Section 10

Who is liable under Section 10 of the Prohibition of Child Marriage Act, 2006?

Whoever performs, conducts, directs, or abets any child marriage is liable under Section 10.

What is the punishment under Section 10 of the Prohibition of Child Marriage Act, 2006?

The offender shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees, unless he proves he had reasons to believe that the marriage was not a child marriage.

Which section of the Prohibition of Child Marriage Act, 2006 deals with punishment for promoting or permitting the solemnisation of child marriages?

Section 11

Who is liable under Section 11(1) of the Prohibition of Child Marriage Act, 2006?

Any person having charge of the child, whether as parent, guardian, or any other person, including members of organisations who promote, permit, or negligently fail to prevent a child marriage, is liable under Section 11(1).

What is the punishment under Section 11(1) of the Prohibition of Child Marriage Act, 2006?

The offender shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees; however, no woman shall be punishable with imprisonment.

What presumption is provided under Section 11(2) of the Prohibition of Child Marriage Act, 2006?

It shall be presumed, unless the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.

Which section of the Prohibition of Child Marriage Act, 2006 declares certain marriages of a minor child to be void?

Section 12

Under what circumstances is the marriage of a minor child null and void under Section 12(a)?

If the minor child is taken or enticed out of the keeping of the lawful guardian.

Under what circumstances is the marriage of a minor child null and void under Section 12(b)?

If the minor child is compelled by force or induced by deceitful means to go from any place.

Under what circumstances is the marriage of a minor child null and void under Section 12(c)?

If the minor child is sold for the purpose of marriage, made to go through a form of marriage, or married and then sold, trafficked, or used for immoral purposes.

Which section of the Prohibition of Child Marriage Act, 2006 provides the court with power to issue injunctions prohibiting child marriages?

Section 13

Who can apply to the court for an injunction under Section 13(1) of the Prohibition of Child Marriage Act, 2006?

The Child Marriage Prohibition Officer or any person providing information through a complaint or otherwise can apply for an injunction.

Which courts have the authority to issue injunctions under Section 13(1) of the Prohibition of Child Marriage Act, 2006?

A Judicial Magistrate of the first class or a Metropolitan Magistrate can issue injunctions under this section.

Can complaints for injunctions be made by organisations under Section 13(2) of the Prohibition of Child Marriage Act, 2006?

Yes, non-governmental organisations having reasonable information can file complaints for injunctions.

Can the court take suo motu cognizance to prevent child marriages under Section 13(3)?

Yes, the court may take suo motu cognizance based on any reliable report or information.

Who acts as the Child Marriage Prohibition Officer for preventing mass child marriages on special days under Section 13(4)?

The District Magistrate acts as the Child Marriage Prohibition Officer with all conferred powers.

What additional powers does the District Magistrate have under Section 13(5)?

The District Magistrate may take all appropriate measures and use minimum force required to stop or prevent solemnisation of child marriages.

Can an injunction be issued without notice in urgent situations under Section 13(6)?

Yes, the court can issue an interim injunction without notice in cases of urgency.

What can the court do with an injunction after it is issued under Section 13(7) and (8)?

The injunction may be confirmed, vacated, rescinded, or altered after giving notice and hearing the party concerned.

What procedure must the court follow when an application for injunction is received under Section 13(9)?

The court must provide the applicant an early opportunity to appear in person or by an advocate, and if rejecting the application wholly or partly, it must record reasons in writing.

What is the punishment for disobeying an injunction under Section 13(10)?

Whoever knowingly disobeys an injunction may be punished with imprisonment of either description for up to two years, or with fine up to one lakh rupees, or both; no woman shall be punishable with imprisonment.

Which section of the Prohibition of Child Marriage Act, 2006 declares child marriages in contravention of injunction orders to be void?

Section 14

What is the effect of solemnising a child marriage in contravention of an injunction issued under Section 13?

Any child marriage solemnised in contravention of an injunction under Section 13, whether interim or final, shall be void ab initio.

Which section of the Prohibition of Child Marriage Act, 2006 declares offences under the Act to be cognizable and non-bailable?

Section 15

What is the implication of Section 15 regarding offences under the Prohibition of Child Marriage Act, 2006?

Any offence punishable under this Act shall be cognizable and non-bailable, notwithstanding anything in the Code of Criminal Procedure, 1973.

Which section of the Prohibition of Child Marriage Act, 2006 deals with the appointment and duties of Child Marriage Prohibition Officers?

Section 16

Who appoints the Child Marriage Prohibition Officers under Section 16(1)?

The State Government appoints the Child Marriage Prohibition Officers by notification in the Official Gazette.

Can other local members or officers assist the Child Marriage Prohibition Officer under Section 16(2)?

Yes, respectable members of the locality, officers of Gram Panchayat, Municipality, Government, public sector undertakings, or NGO office bearers may assist the officer and are bound to act accordingly.

What are the duties of a Child Marriage Prohibition Officer under Section 16(3)?

Duties include:

preventing child marriages,

collecting evidence for prosecution,

advising and counselling the community, creating awareness of the evils of child marriage,

sensitizing the community,

furnishing periodical returns/statistics, and discharging other functions assigned by the State Government.

Can a Child Marriage Prohibition Officer be given powers of a police officer?

Yes, under Section 16(4), the State Government may invest the officer with specified powers of a police officer, subject to conditions and limitations in the notification.

What powers does a Child Marriage Prohibition Officer have under Section 16(5)?

The officer can move the Court for an order under Sections 4, 5, and 13, and along with the child under Section 3.

Which section of the Prohibition of Child Marriage Act, 2006 declares Child Marriage Prohibition Officers as public servants?

Section 17

Under which law are Child Marriage Prohibition Officers deemed public servants?

They are deemed public servants within the meaning of Section 21 of the Indian Penal Code, 1860

Which section of the Prohibition of Child Marriage Act, 2006 provides protection to Child Marriage Prohibition Officers for actions taken in good faith?

Section 18

What protection is granted under Section 18 of the Prohibition of Child Marriage Act, 2006?

No suit, prosecution, or other legal proceedings shall lie against a Child Marriage Prohibition Officer for anything done or intended to be done in good faith under this Act or any rule or order made thereunder.

Which section of the Prohibition of Child Marriage Act, 2006 empowers the State Government to make rules?

Section 19

What is the procedure for rules made under the Prohibition of Child Marriage Act, 2006?

Every rule made under the Prohibition of Child Marriage Act, 2006 shall be laid before the State Legislature as soon as may be after it is made, as provided under Section 19(2) of the Act.

Which provision deal with “Amendment of Act No. 25 of 1955”?

Section 20

Which Act is amended by Section 20 of the Prohibition of Child Marriage Act, 2006?

The Hindu Marriage Act, 1955.

Which provision of the Hindu Marriage Act, 1955 is amended under Section 20?

Clause (a) of Section 18 of the Hindu Marriage Act, 1955 is substituted under Section 20 of the Prohibition of Child Marriage Act, 2006.

What punishment is prescribed under the amended Section 18(a) of the Hindu Marriage Act, 1955?

Under the amended Section 18(a), contravention of the condition specified in Section 5(iii) of the Hindu Marriage Act, 1955 is punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.

Which Act is repealed under Section 21 of the Prohibition of Child Marriage Act, 2006?

The Child Marriage Restraint Act, 1929 is repealed under Section 21 of the Prohibition of Child Marriage Act, 2006.

What is the effect of repeal on pending cases under the Child Marriage Restraint Act, 1929?

All cases and other proceedings pending or continued under the Child Marriage Restraint Act, 1929 at the commencement of the Prohibition of Child Marriage Act, 2006 shall be continued and disposed of in accordance with the provisions of the repealed Act, as if the new Act had not been passed.