KAMLESH YADAV Vs. SMT. SURMILA

JUDGEMENT

(1.) The appellant-husband has filed this appeal against the judgment and decree dated 15.3.2018 passed by the Family Court in a petition moved by him under section 12 of the Hindu Marriage Act (hereinafter referred to as the Act), for declaring his marriage a nullity as on the relevant date he was a minor.

(2.) The admitted position is that the plaintiff-appellant was born on 15.1.1990 and his marriage was solemnized on 8.12.2008. On the said date, he was less than 21 years of age i.e 20 years, 6 months.

(3.) Section 5 of the Act provides for the conditions of a valid marriage and by clause (iii) it clearly states that for solemnization of the marriage of two Hindus, the bridegroom must have completed the age of 21 years and the bride the age of 18 years.