Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.


PRINCIPLE: One of the essential conditions for a marriage between any two persons to be solemnized under the Special Marriage Act, 1954 is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years. If the said condition is not fulfilled such a marriage is null and void.



FACTS: 'A', a male aged twenty-two years, proposes to marry 'B', a female aged sixteen years, at Delhi in the month of June 2014 under the Special Marriage Act, 1954.

Options

A

Marriage between 'A' and 'B' can be legally solemnized under the Special Marriage Act, 1954

B

Marriage between 'A' and 'B' cannot be legally solemnized under the Special Marriage Act, 1954

C

Marriage between 'A' and 'B' can remain valid for A under the Special Marriage Act, 1954

D

None of the above is correct.

Show Answer

Correct Answer :

Option B

Marriage between 'A' and 'B' cannot be legally solemnized under the Special Marriage Act, 1954

Solution :

Correct Answer: Marriage between 'A' and 'B' cannot be legally solemnized under the Special Marriage Act, 1954


Explanation:

To determine whether the marriage between 'A' and 'B' can be legally solemnized, we must strictly apply the provided legal principle to the stated facts.


1. Analysis of the Legal Principle:
Under the given principle of the Special Marriage Act, 1954, for a marriage to be legally solemnized, both of the following essential age criteria must be fulfilled at the time of the marriage:
- The male must have completed 21 years of age.
- The female must have completed 18 years of age.
If these conditions are not fulfilled, the marriage is deemed null and void.


2. Application to the Given Facts:
- 'A' is a male aged 22 years, which meets the legal requirement of being at least 21 years old.
- 'B' is a female aged 16 years, which fails to meet the legal requirement of having completed 18 years of age.


3. Conclusion:
Since female 'B' has not attained the mandatory age of 18 years, the statutory prerequisite for marriage under the Special Marriage Act, 1954 is not satisfied. Consequently, the marriage between 'A' and 'B' cannot be legally solemnized under the Act.

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