Child marriage about to happen or already done? How to stop it and what the law says — Prohibition of Child Marriage Act 2006 (PCMA): Childline 1098, police, CMPO, injunction, annulment within 2 years of majority, punishments (2026)
Plain guide for families, neighbours, teachers and the child: legal age (girl 18, boy 21), how to stop a planned child marriage in an emergency (1098, 112, Child Marriage Prohibition Officer, Magistrate’s injunction), when a child marriage is voidable or void, maintenance and legitimacy of children, and punishments for adults who marry, solemnise or promote it. Educational only — not legal advice. Adhiwakta does not file complaints, injunctions or annulment petitions for you.
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Who is a ‘child’ under PCMA?
Under the Prohibition of Child Marriage Act, 2006, a ‘child’ is a male who has not completed 21 years of age, or a female who has not completed 18 years (section 2(a)). A marriage where either party is a child is a child marriage. Personal-law customs do not cancel this Act’s criminal and civil remedies. Where the girl or boy is under 18, sexual offences under the POCSO Act and the Bharatiya Nyaya Sanhita may also apply — the Supreme Court in Independent Thought v. Union of India (2017) held that sexual intercourse with a wife under 18 is rape.
Emergency — stop a marriage that is about to happen
Call Childline 1098 (24×7, free) and police 100 / 112 at once. Give the place, date, names and age proof if you have it (school ID, Aadhaar, birth certificate). You can also inform the Child Marriage Prohibition Officer (CMPO) in the district, the District Magistrate, the Child Welfare Committee, or a trusted NGO. Under section 13, a Judicial Magistrate of the first class or a Metropolitan Magistrate can issue an injunction to stop a child marriage that has been arranged or is about to be solemnised — on a CMPO application, a complaint by any person or NGO with knowledge, or even suo motu. In urgency the court can issue an interim injunction without prior notice. Breaking that injunction is itself punishable (section 13(10)); a marriage solemnised in breach of an injunction is void (section 14). For mass marriage days such as Akshaya Tritiya, the District Magistrate is deemed a CMPO and may use minimum force to prevent child marriages (section 13(4)–(5)).
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If the marriage has already taken place — voidable or void?
Most child marriages are voidable, not automatically void: the party who was a child may petition the District Court for a decree of nullity (section 3). The petition must be filed before that person completes two years of attaining majority (for a girl, generally before she turns 20; for a boy, before he turns 23). If the petitioner is still a minor, the petition may be filed through a guardian or next friend together with the CMPO. While granting nullity, the court can order return of money, ornaments and gifts given at the marriage (section 3(4)). Separately, section 12 makes the marriage null and void where a minor was enticed from a guardian, forced or deceived, sold for marriage, or trafficked / used for immoral purposes after marriage. A marriage in breach of a section 13 injunction is also void (section 14).
Maintenance, residence and children born of the marriage
When a child marriage is annulled, the District Court can order the male contracting party or his parents / guardians to pay maintenance to the female contracting party until her remarriage, and can make suitable residence arrangements (section 4). Children born of a child marriage are considered legitimate for legal purposes, and the court can pass orders on their custody and maintenance in their best interest (sections 5 and 6). The CMPO’s duties include helping victims with counselling, medical aid, legal aid and rehabilitation support (section 16).
Who can be punished?
A male adult above 18 years who contracts a child marriage can face rigorous imprisonment up to two years and/or fine up to ₹1 lakh (section 9). Anyone who performs, conducts, directs or abets a child marriage faces the same range (section 10). Anyone who promotes, permits or fails to prevent a child marriage — including a parent, guardian or organisation — faces the same range (section 11); a woman offender under these sections is not to be punished with imprisonment (proviso to section 11). These are serious offences; report through police / CMPO and keep copies of your complaint.
Proof and practical next steps
Save invitations, wedding photos, hotel or pandal bookings, chats, age documents, medical reports and names of priests / organisers. Ask the school or anganwadi for age records. After calling 1098, note the Childline ticket number. If the child needs safe shelter, ask Childline / CWC / police for protection — do not try risky ‘rescues’ alone. For annulment or maintenance after majority, approach the District Court (family court where designated) with the papers above; DLSA legal aid is available for eligible persons under the Legal Services Authorities Act.
Avoid these mistakes
Do not wait until the baraat reaches the venue if you already know the plan — call 1098 early. Do not assume a religious ceremony makes an under-age marriage lawful. Do not pressure the child to ‘adjust’. Do not destroy evidence. Do not ignore POCSO / sexual-offence angles when the child is under 18. Beware of mediators who ask for money to ‘settle’ with the other family without court or CMPO involvement.
How Adhiwakta can help
We do not file police complaints, injunctions or annulment petitions, contact Childline, CMPOs or courts for you, or promise any result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- What is the legal age for marriage in India under PCMA?
- Under the Prohibition of Child Marriage Act, 2006, a girl must have completed 18 years and a boy 21 years. A marriage where either party is younger is a child marriage.
- Who do I call to stop a child marriage today?
- Call Childline 1098 and police 100 / 112 immediately. Also inform the Child Marriage Prohibition Officer, District Magistrate or Child Welfare Committee. A Magistrate can issue an urgent injunction under section 13.
- Is a child marriage automatically void?
- Usually it is voidable at the option of the party who was a child (section 3), if a petition is filed in the District Court before completing two years of attaining majority. It is void in the force / trafficking situations in section 12, and when solemnised in breach of a section 13 injunction (section 14).
- Can parents be punished for arranging a child marriage?
- Yes. Promoting or permitting a child marriage can bring imprisonment up to two years and/or fine up to ₹1 lakh (section 11). A woman offender under that section is not to be punished with imprisonment.
- Are children born of a child marriage legitimate?
- Yes. The Act treats children born of a child marriage as legitimate and allows the court to pass custody and maintenance orders in their best interest (sections 5 and 6).
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