Yes, a woman who was married while she was still a minor can claim maintenance from her husband under Indian law, and the marriage being a child marriage does not, by itself, take away that right. This explainer sets out the legal principle behind maintenance for a wife married as a minor, the statutes she can rely on, what changes in Karnataka, and the practical steps she can take.
The core idea is simple but often misunderstood. Under the central law a child marriage in India is voidable, not automatically void. Until it is set aside by a court, the marriage exists in law, and so do the obligations that flow from it, including the husband's duty to maintain his wife.
Why a child marriage is voidable, not void
Under the Prohibition of Child Marriage Act, 2006 (PCMA), Section 2(a) defines a child as a male who has not completed twenty-one years and a female who has not completed eighteen years. A marriage where either contracting party is a child is a child marriage under Section 2(b). But the law does not treat such a marriage as a nullity from day one.
Section 3(1) makes every child marriage, whether solemnised before or after the Act, voidable at the option of the contracting party who was a child at the time of the marriage. In practice this means:
- The marriage is valid and legally recognised unless and until the party who was a child chooses to have it annulled.
- Only that party can petition the district court for a decree of nullity. The proviso to Section 3(1) is explicit on this. If the petitioner is still a minor, Section 3(2) allows the petition through a guardian or next friend along with the Child Marriage Prohibition Officer.
- Section 3(3) allows the petition to be filed at any time, but before the child filing it completes two years of attaining majority. For a girl married as a minor, that means before she turns twenty.
- Section 3(4) requires the court, while granting nullity, to direct return of money, valuables, ornaments and gifts received on the occasion of the marriage.
There are narrow situations where a child marriage is void from the start. Section 12 makes the marriage null and void where the minor is taken or enticed out of the keeping of a lawful guardian, or compelled by force or induced by deceit to go from any place, or sold for the purpose of marriage, and made to go through a form of marriage, or is sold or trafficked or used for immoral purposes after marriage.
Note also what personal law does not do. Under the Hindu Marriage Act, 1955, Section 5(iii) requires the bridegroom to have completed twenty-one and the bride eighteen, but Section 11 makes a marriage void only for breach of clauses (i), (iv) and (v) of Section 5, and Section 12 lists the voidable grounds without including age. So a Hindu marriage in breach of the age condition is neither void nor voidable under the Hindu Marriage Act itself. The remedy lies in the PCMA. That is precisely why the maintenance obligation survives.
The status of a child marriage turns on which provision applies to it.
Voidable: the central rule
Section 3(1) of the PCMA makes every child marriage voidable at the option of the contracting party who was a child, so it stands until that party has it annulled.
Void: Section 12 situations
The marriage is null and void where the minor is enticed out of a lawful guardian's keeping, compelled by force or induced by deceit, or sold or trafficked for marriage.
Hindu Marriage Act: silent
Section 5(iii) sets the ages, but Section 11 does not make breach of the age condition void and Section 12 does not list it as voidable. The remedy lies in the PCMA.
Key takeaway. The husband's argument in these cases is almost always the same: "the marriage was illegal, so I owe her nothing." It fails because the illegality is his, not hers, and because Section 3 of the PCMA keeps the marriage alive until the woman herself chooses to end it. Section 9 of the PCMA makes a male adult above eighteen who contracts a child marriage punishable with rigorous imprisonment up to two years, or fine up to one lakh rupees, or both. The statute treats him as the offender and her as the protected person. A court is not going to let the offender use his own offence as a defence to maintenance.
The Karnataka position is different
This matters a great deal for anyone in Bengaluru or elsewhere in the State. The Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, given effect by Karnataka Act 26 of 2017, inserted Section 3(1A) into the PCMA in its application to Karnataka: notwithstanding Section 3(1), every child marriage solemnised on or after the commencement of the amendment shall be void ab initio. The same amendment changed Section 9 so that a male adult who contracts a child marriage faces rigorous imprisonment of not less than one year and up to two years. Haryana has made a similar amendment by Haryana Act 23 of 2022.
So in Karnataka, for a marriage solemnised after the State amendment came into force, the marriage is void from the beginning rather than voidable. That does not leave the woman without a remedy, but it changes which remedy fits best. Monetary relief under the Protection of Women from Domestic Violence Act, 2005, maintenance for the children, and relief under Section 5 of the PCMA remain available, and the criminal consequences for the adult male are heavier. Because the position turns on the date of the marriage and the State in which it was solemnised, take advice on your specific facts rather than assuming the central rule applies.
Can a minor wife claim maintenance? The right itself
A wife's right to claim maintenance comes from several distinct sources, and a wife married as a minor can usually invoke them just like any other wife.
Maintenance under the secular law: Section 144 BNSS
The most commonly used provision is the secular remedy available to any wife regardless of religion. It was Section 125 of the Code of Criminal Procedure, 1973, and it is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024. Under Section 144(1)(a), where a person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, a Magistrate of the first class may order a monthly allowance at such rate as the Magistrate thinks fit.
Three features matter in practice. The second proviso to Section 144(1) allows interim maintenance and the expenses of the proceeding while the main application is pending. The third proviso says an application for interim maintenance shall, as far as possible, be disposed of within sixty days from the date of service of notice. And Section 144(2) allows the allowance to be paid either from the date of the order or, if so ordered, from the date of the application, which is where the arrears in most matters come from.
Monetary relief under the PWDV Act
A woman in a domestic relationship can also seek monetary relief under Section 20 of the Protection of Women from Domestic Violence Act, 2005. That relief expressly includes loss of earnings, medical expenses, loss caused by damage to or removal of property, and maintenance for the woman and her children, including an order under or in addition to an order of maintenance under the secular provision. Section 20(2) requires the relief to be adequate, fair and reasonable and consistent with the standard of living she is accustomed to, and Section 20(3) allows either a lump sum or monthly payments. A residence order under Section 19 and a protection order under Section 18 can be sought in the same application.
Maintenance under personal law
Depending on the parties' religion, personal law may add a further remedy. For Hindus, Section 24 of the Hindu Marriage Act, 1955 provides maintenance pendente lite and expenses of proceedings where a spouse has no independent income sufficient for support, and Section 25 provides permanent alimony and maintenance at the time of a decree or afterwards. Section 18 of the Hindu Adoptions and Maintenance Act, 1956 entitles a Hindu wife to be maintained by her husband during her lifetime, and Section 18(2) lets her live separately without forfeiting that claim on grounds including desertion, cruelty, the husband having another wife living, or conversion.
What happens to maintenance if the marriage is annulled?
This is the question that worries many women: if I repudiate my child marriage, do I lose the right to be supported?
The PCMA anticipates it. Section 4 provides that while granting a decree under Section 3, the district court may make an interim or final order directing the male contracting party, and where he was himself a minor his parent or guardian, to pay maintenance to the female contracting party until her remarriage. Section 4(2) requires the quantum to be fixed having regard to her needs, the lifestyle she enjoyed during the marriage, and the means of the paying party. Section 4(3) allows monthly payment or a lump sum. Section 4(4) allows the court, where the woman is the petitioner, to make a suitable order as to her residence until her remarriage.
Children are separately protected. Section 5 requires the district court to make orders for custody and allows an order for their maintenance, and Section 6 declares every child born of an annulled child marriage legitimate for all purposes.
Comparison: the maintenance routes
| Route | Statute and section | Forum | What it gives | Religion-neutral |
|---|---|---|---|---|
| Secular maintenance | Section 144, BNSS 2023 (earlier Section 125 CrPC) | Magistrate of the first class | Monthly allowance, plus interim maintenance and costs; payable from the date of order or of application | Yes |
| Domestic violence relief | Sections 18, 19 and 20, PWDV Act 2005 | Judicial Magistrate of the first class | Maintenance, residence order, protection order, compensation | Yes |
| On annulment of a child marriage | Section 4, PCMA 2006 | District court or family court | Maintenance until remarriage, plus residence until remarriage | Yes |
| Children of the marriage | Section 5, PCMA 2006 and Section 144(1)(b), BNSS | District court or Magistrate | Custody and maintenance for the children, who remain legitimate under Section 6 PCMA | Yes |
| Hindu personal law | Sections 24 and 25, Hindu Marriage Act 1955; Section 18, HAMA 1956 | Family court or district court | Interim maintenance, permanent alimony, right to be maintained for life | No, faith specific |
Section numbers under the BNSS are new, in force from 1 July 2024, and old CrPC numbers are still widely quoted in older orders, templates and articles. Always confirm the exact provision before filing.
The principle courts apply
The reasoning behind these decisions is consistent. Because a child marriage under the central Act is voidable and not void, the relationship of husband and wife exists in law until a court sets it aside. A husband who has had the benefit of that relationship cannot rely on the age of the bride, an illegality the statute places squarely at his door under Section 9, as a shield against his maintenance obligation. The burden is not on the woman to justify a marriage that the law itself was designed to protect her from.
Deadline warning. The right to annul the child marriage has a hard cut-off. Section 3(3) of the PCMA requires the petition to be filed before the person who was a child completes two years from attaining majority, so a girl married as a minor must move before she turns twenty. Maintenance claims under Section 144 BNSS or the PWDV Act are not governed by that window, but the annulment route, and with it Section 4 maintenance until remarriage and a residence order, closes for good on that date. If you are approaching twenty, take advice now rather than after.
Practical steps for a woman seeking maintenance
- Preserve proof of the marriage and the relationship. Wedding photographs, invitation cards, ration card or Aadhaar showing a shared address, messages, and the names of witnesses who attended.
- Fix your date of birth on record. A school leaving certificate, birth certificate or matriculation record establishes that you were a child at the date of marriage. This decides which route is open to you.
- Document the husband's income and assets. Salary slips, income tax returns, property records, business registrations and lifestyle evidence, to establish that he has sufficient means under Section 144(1).
- Decide whether you also want to annul the marriage. Maintenance and annulment are separate proceedings. You can claim maintenance now and separately file under Section 3 PCMA before the two year window closes.
- Choose the right forum. Section 144 BNSS maintenance and PWDV Act relief go to the Magistrate. Annulment with maintenance and residence under Sections 3 and 4 of the PCMA goes to the district court, which under Section 2(e) PCMA means the family court where one exists.
- Ask for interim relief in the same application. Under the second proviso to Section 144(1) and Section 23 of the PWDV Act, the court can order interim maintenance while the case runs, and the interim application is to be disposed of within sixty days of service.
- Claim from the date of the application. Section 144(2) permits it, but only if you ask. Say so expressly in the prayer.
- Claim for the children separately. Their right does not depend on the validity of the parents' marriage, and Section 6 of the PCMA keeps them legitimate even after annulment.
Three levers decide how quickly money starts and how far back it runs.
Interim maintenance
Under the second proviso to Section 144(1) and Section 23 of the PWDV Act, the court can order interim maintenance while the main case is still running.
Sixty day disposal
The third proviso to Section 144(1) says an application for interim maintenance shall, as far as possible, be disposed of within sixty days from service of notice.
From the date of application
Section 144(2) allows the allowance to run from the date of the application rather than the date of the order, but only if you ask for it in the prayer.
What a wife married as a minor does not have to prove
She does not have to establish that the marriage was valid in the ordinary sense, and she does not have to defend the legality of being married young. Under the central Act the marriage stands until she chooses to end it, and where a State amendment makes it void, the domestic violence and children's remedies still operate. The burden of the offence sits on the adult who married a child, not on her.
Where this fits and further reading
If you are navigating a child marriage or maintenance dispute, our family and divorce law practice can help you work out which route fits your facts. Our guide on wife maintenance rights in India covers the general position, and the note on whether a husband can claim maintenance from his wife deals with the reverse question. You may also find these explainers useful: how maintenance under Section 125 CrPC, now Section 144 BNSS, is calculated and annulment compared with divorce in India.
For the primary legislation, you can read the Prohibition of Child Marriage Act, 2006 on the Government of India's official statute portal, India Code, and the Bharatiya Nagarik Suraksha Sanhita, 2023 here.
Frequently Asked Questions
Can a wife who was married as a minor still claim maintenance?
Yes. Under Section 3(1) of the PCMA a child marriage is voidable, not void, so the marriage subsists until it is annulled. She can claim under Section 144 BNSS, under Section 20 of the PWDV Act, and under personal law where applicable.
Does she lose maintenance if she gets the child marriage annulled?
No. Section 4 of the PCMA allows the district court, while granting the decree under Section 3, to order the husband, or his parent or guardian if he was himself a minor, to pay maintenance until her remarriage, and to make an order as to her residence until remarriage.
Is a child marriage automatically void in India?
Under the central Act, generally no. It is voidable at the option of the party who was a child. It is void from the start in the situations listed in Section 12, such as enticement, force, deceit, sale or trafficking. Karnataka and Haryana have amended Section 3 to make child marriages solemnised after their respective amendments void ab initio in those States.
Within what time can she repudiate the marriage?
Section 3(3) of the PCMA requires the petition to be filed before the person who was a child completes two years from attaining majority, so before turning twenty for a girl married as a minor.
Which law should she use to claim maintenance?
A woman unable to maintain herself usually files under Section 144 BNSS before a Magistrate. For maintenance together with residence and protection in a domestic violence context, the PWDV Act is the better vehicle. On annulment, Section 4 of the PCMA applies in the district court.
Does the husband's plea that the marriage was illegal defeat the claim?
Courts have refused to let a husband escape maintenance on that basis. The relationship existed, the woman is the person the statute protects, and Section 9 of the PCMA makes the adult male the offender.
Can she get maintenance for her children too?
Yes. Section 144(1)(b) of the BNSS covers a legitimate or illegitimate child unable to maintain itself, Section 20 of the PWDV Act covers maintenance for the children, and Section 5 of the PCMA allows the district court to order maintenance for children of a child marriage. Section 6 PCMA keeps them legitimate even after annulment.
How quickly can she get some money?
Interim maintenance can be ordered while the case is pending. Under the third proviso to Section 144(1) BNSS the interim application is to be disposed of as far as possible within sixty days of service of notice on the husband, and under Section 23 of the PWDV Act the Magistrate can pass an interim or ex parte order at the first hearing.
Can she claim arrears from before the order?
Section 144(2) BNSS allows the allowance to run from the date of the application rather than the date of the order, if the court so directs. Ask for it in the prayer, because it is not automatic.
Is the position different in Karnataka?
Yes. Section 3(1A), inserted by the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 through Karnataka Act 26 of 2017, makes every child marriage solemnised on or after its commencement void ab initio in the State, and the punishment under Section 9 carries a minimum of one year. Because everything turns on the date and place of the marriage, get the position checked on your facts.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
