Question
My son is 23 years old, and my daughter’s original age is 18, but her certificate shows her age as 16. In this situation, the boy and the girl ran away with consent for a court marriage. Now, the girl does not agree to this marriage. Can the girl file a case against the boy? If so, what kind of case can be filed, and what measures will the son take?
Answer
In this situation, there are several legal implications regarding the court marriage and the rights of both parties involved. Here’s a breakdown:
- Understanding the Age of Consent:
- In Bangladesh, the legal age of marriage is 21 for males and 18 for females as per the Child Marriage Restraint Act, 1929. Since your son is 23, he is legally eligible to marry.
- The daughter’s age is crucial. Although she is 18 years old, her certificate showing her age as 16 raises concerns about her eligibility for marriage under Bangladeshi law.
- Girl’s Right to Revoke Consent:
- If the girl did not genuinely consent to the marriage or is being coerced, she has the right to seek legal action.
- She can file a case for recovery of possession if she believes that the marriage was not consensual.
- Potential Legal Cases:
- Case of Misrepresentation: If the marriage occurred based on false information regarding her age or consent, she may file a case for misrepresentation or fraud against the boy.
- Case for Annulment: The girl may seek to annul the marriage on the grounds of lack of consent. This process involves filing a petition in the family court.
- Criminal Charges: Depending on the circumstances, she may consider filing a case for coercion or harassment if she feels threatened.
- Measures the Son Can Take:
- The son should seek legal advice immediately to understand his rights and obligations. Engaging a lawyer will help him navigate the situation effectively.
- He can prepare to defend against any allegations made by the girl, demonstrating that the marriage was consensual and legally valid.
- If a case is filed against him, he should gather evidence of the girl’s consent to the marriage, including any communications that indicate she agreed to the union.
- Court’s Role:
- The family court will evaluate the evidence presented by both parties. If the court finds that the marriage was indeed consensual and legally binding, it may uphold the marriage.
- If the court determines that there was no valid consent, it may grant an annulment and address any claims made by the girl.