In force · As amended up to 2026-08
4. Provision for maintenance and residence to female contracting party to child marriage.— (1) While granting a decree under section 3, the district court may also make an interim or final order directing the male contracting party to the child marriage, and in case the male contracting party to such marriage is a minor, his parent or guardian to pay maintenance to the female contracting party to the marriage until her remarriage.
(2) The quantum of maintenance payable shall be determined by the district court having regard to the needs of the child, the lifestyle enjoyed by such child during her marriage and the means of income of the paying party.
(3) The amount of maintenance may be directed to be paid monthly or in lump sum.
(4) In case the party making the petition under section 3 is the female contracting party, the district court may also make a suitable order as to her residence until her remarriage.
4. The salient features of the Bill are as follows:-
(i) To make a provision to declare child marriage as voidable at the option of the contracting party to the marriage, who was a child.
(ii) To provide a provision requiring the husband or, if he is a minor at the material time, his guardian to pay maintenance to the minor girl until her remarriage.
(iii) To make a provision for the custody and maintenance of children born of child marriages.
(iv) To provide that notwithstanding a child marriage has been annulled by a decree of nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation, shall be legitimate for all purposes.
(v) To empower the district court to add to, modify or revoke any order relating to maintenance of the female petitioner and her residence and custody or maintenance of children, etc.
(vi) To make a provision for declaring the child marriage as void in certain circumstances.
(vii) To empower the courts to issue injunctions prohibiting solemnisation of marriages in contravention of the provisions of the proposed legislation.
(viii) To make the offences under the proposed legislation to be congnizable for the purposes of investigation and for other purposes.
(ix) To provide for appointment of Child Marriage Prevention Officers by the State Governments.
(x) To empower the State Governments to make rules for effectively administration of the legislation.
5. The Bill seeks to achieve the above objects.
Source: India Code