97.
The answer is: D
Explanation
The correct option is D: Child marriage.
A child marriage is not a ground of void marriage under Section 11 of the Hindu Marriage Act, 1955. A void marriage is one that is null and void from the very beginning and does not have any legal validity or effect. Section 11 states that any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. These conditions are:
- Clause (i): Neither party has a spouse living at the time of the marriage. This means that bigamy is a ground of void marriage. Bigamy is the act of marrying someone while already being married to another person. A person who commits bigamy is liable for punishment under section 494 and 495 of the Indian Penal Code, 1860.
- Clause (iv): The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two. The degrees of prohibited relationship are defined in section 3(g) of the Act as follows:
- Two persons are said to be within the degrees of prohibited relationship:
- If one is a lineal ascendant of the other; or
- If one was the wife or husband of a lineal ascendant or descendant of the other; or
- If one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or
- If the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.
- The expression "lineal ascendant or descendant" in this clause includes the relations of persons who are adopted as well as persons related by blood.
- Clause (v): The parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two. The sapindas relationship is defined in section 3(f) of the Act as follows:
- Two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.
- The limits of sapinda relationship are as follows:
- In the case of any person related by blood or adoption, the sapinda relationship extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
- In the case of any person related by affinity, the sapinda relationship extends as far as the fifth generation (inclusive) in the line of ascent through the person to whom he or she is related by affinity, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
A child marriage, on the other hand, is not a void marriage but a voidable marriage under Section 12 of the Act. A voidable marriage is one that can be annulled by a court of law at the option of one of the parties. Section 12 states that any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:
- That the marriage has not been consummated owing to the impotence of the respondent; or
- That the marriage is in contravention of the condition specified in clause (ii) of section 5; or
- That the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
- That the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Clause (ii) of section 5 states that at the time of the marriage, neither party:
- Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
- Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
- Has been subject to recurrent attacks of insanity or epilepsy.
A child marriage is a marriage where one or both the parties are below the age of 18 years for girls and 21 years for boys. A child marriage is in contravention of clause (ii) of section 5, as a child is incapable of giving a valid consent to the marriage due to unsoundness of mind. Therefore, a child marriage is a voidable marriage and can be annulled by the aggrieved party within two years of attaining the age of majority. However, a child marriage is not automatically void and remains valid until it is annulled by a court of law. A child marriage is also an offence under the Prohibition of Child Marriage Act, 2006, which aims to prevent and punish child marriages in India.
Therefore, the correct answer is D: Child marriage, as it is not a ground of void marriage under Section 11 of the Hindu Marriage Act, 1955.