Introduction: Is it legal for a 13-year-old to get married? According to the Marriage Law of our country, both the man and the woman who wish to get married must reach the legal age for marriage; otherwise, their marriage registration will not be processed.
Case
Mengqing, who is 13 years old this year, is a ninth-grade student at a school in Taihe County. She often discusses studies with a boy named Haoyu in her class. At a class reunion, Haoyu's singing won Mengqing's heart. So that night, the two of them secretly ate the "forbidden fruit" in Haoyu's rented room, and unexpectedly Mengqing got pregnant. Then, under the mediation of the village cadres, Mengqing's parents agreed to get married and received 40,000 yuan as a dowry from Haoyu's family. Two days after the wedding, the "groom" brings the "bride" back to the door. Not wanting her "mother-in-law" to turn against her, she took Mengqing to the hospital for an abortion.
Afterwards, Mengqing's parents refused to return the betrothal money. For this reason, Mengqing's parents also reported to the police that Haoyu had raped Mengqing. The Haoyu family said that the Mengqing family was suspected of fraud. After review by the public security authorities and the procuratorate, it was determined that the rape case could not be filed and the fraud case could not be established. (All names are pseudonyms.
The editor's opinion
Is it legal for a 13-year-old boy to get married? According to the Marriage Law of our country, both the man and the woman who wish to get married must reach the legal age for marriage; otherwise, their marriage registration will not be processed. Article 6 of the "Marriage Law" stipulates that the age of marriage shall not be earlier than 22 weeks for men and 20 years for women. In the case mentioned above, neither of the two 13-year-old teenagers has reached the legal age for marriage. Therefore, they do not meet the marriage conditions stipulated in the Marriage Law. Their "marriage" under the circumstances of the village cadres' arrangement and the consent of both sets of parents is invalid.
Knowledge extension
Marriage Law
Article 5 Marriage must be based on the complete willingness of both the man and the woman. No party may force the other or allow any third party to interfere.
Article 6 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged.
Article 7 Marriage is prohibited under any of the following circumstances:
(1) Direct blood relatives and collateral blood relatives within three generations;
(2) Suffering from a disease that is considered by medical science as unsuitable for marriage.
Article 8 Both the man and the woman who wish to marry must personally go to the marriage registration authority to register their marriage. Those who meet the provisions of this Law shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the marital relationship. Those who have not completed marriage registration shall make up for it.
Article 9 After marriage registration, according to the agreement of both the man and the woman, the woman may become a member of the man's family, and the man may become a member of the woman's family.
Article 10 A marriage shall be invalid under any of the following circumstances:
(1) Bigamy;
(2) Having a prohibited marriage relationship among relatives;
(3) Suffering from a disease that is considered by medical science as unsuitable for marriage before marriage and remaining uncured after marriage;
(4) Not having reached the legal age for marriage.
Article 11 Where a marriage is contracted under duress, the party who was coerced may request the marriage registration authority or the people's court to revoke the marriage. A party who was coerced may request the annulment of the marriage within one year from the date of marriage registration. Where a party whose personal freedom has been illegally restricted requests the annulment of the marriage, the request shall be made within one year from the date of restoration of personal freedom.
Article 12 A marriage that is invalid or revoked shall be invalid from the very beginning. The parties involved do not have the rights and obligations of husband and wife. The property acquired during cohabitation shall be handled by agreement between the parties. When no agreement can be reached, the people's court shall make a judgment in accordance with the principle of giving due consideration to the innocent party. The handling of property in cases where a marriage is invalid due to bigamy shall not infringe upon the property rights and interests of the parties to the legal marriage. The children born to the parties concerned shall be subject to the provisions of this Law concerning parents and children.
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