Children Born Out of Child Marriages

Last updated on Jun 1, 2022

Irrespective of whether the child marriage has been cancelled or not, as per the law, a child born out of such a marriage would be considered a legitimate child under the law. 


Custody of Children


As for the custody of such children, the district court will decide who would receive custody of the children only while hearing the petition for cancelling the marriage. 


The court will take the following into account while granting custody:


  • The welfare and the best interest of the child will be given paramount consideration by the court while deciding their custody.
  • The court may even allow the other party access to such children if it thinks it would be in the best interest of the child to do so. 
  • The District Courts can direct the husband, or in cases of minors, their parents or guardians, to pay an amount as maintenance to the girl. 


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