Section 3 — Child marriages to be voidable at the option of contracting party being a child.

3. Child marriages to be voidable at the option of contracting party being a child.—(1) Every 

child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the 

option of the contracting party who was a child at the time of the marriage: 

Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the 

district court only by a contracting party to the marriage who was a child at the time of the marriage. 

(2) If at the time of filing a petition, 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. 

(3) The petition under this section may be filed at any time but before the child filing the petition 

completes two years of attaining majority. 

                                                           
1. 1st November, 2007, vide notification No. S.O. 1850(E), dated 30th October, 2007, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 



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(4) While granting a decree of nullity under this section, the district court shall make an order 

directing both the parties to the marriage and their parents or their guardians to return to the other party, 

his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts 

received on the occasion of the marriage by them from the other side, or an amount equal to the value of 

such valuables, ornaments, other gifts and money: 

Provided that no order under this section shall be passed unless the concerned parties have been given 

notices to appear before the district court and show cause why such order should not be passed.