Section 5 in The Prohibition of Child Marriage Act, 2006

Title: Custody and maintenance of children of child marriages

Description: (1) Where there are children born of the child marriage, the district court shall make an appropriate order for the custody of such children. (2) While making an order for the custody of a child under this section, the welfare and best interests of the child shall be the paramount consideration to be given by the district court. (3) An order for custody of a child may also include appropriate directions for giving to the other party access to the child in such a manner as may best serve the interests of the child, and such other orders as the district court may, in the interest of the child, deem proper. (4) The district court may also make an appropriate order for providing maintenance to the child by a party to the marriage or their parents or guardians.

Title: Legitimacy of children born of child marriages

Description: Notwithstanding that a child marriage has been annulled by a decree of nullity under section 3, every child begotten or conceived of such marriage before the decree is made, whether born before or after the commencement of this Act, shall be deemed to be a legitimate child for all purposes.

Title: Power of district court to modify orders issued under section 4 or section 5

Description: The district court shall have the power to add to, modify or revoke any order made under section 4 or section 5 and if there is any change in the circumstances at any time during the pendency of the petition and even after the final disposal of the petition.

Title: Court to which petition should be made

Description: For the purpose of grant of reliefs under sections 3, 4 and 5, the district court having jurisdiction shall include the district court having jurisdiction over the place where the defendant or the child resides, or where the marriage was solemnised or where the parties last resided together or the petitioner is residing on the date of presentation of the petition.

Title: Punishment for male adult marrying a child

Description: Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. STATE AMENDMENT Karnataka Amendment of section 9.--In section 9 of the principal Act, for the words “be punishable with rigorous imprisonment which may extend to two years”, the words “be punishable with rigorous imprisonment of not less one year which may extend up to two years” shall be substituted. [Vide Karnataka Act 26 of 2017, s. 3].

The Prohibition of Child Marriage Act, 2006