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As defined in Majority Act, 1875, a minor, either male or female, attains the age of majority on completing eighteen years of age. Keeping in mind the same, if we again look into sub-section (3) of Section 3 of the Prohibition of Child Marriage Act, the anomaly in the Act will emerge to light. In the case of a female, as per sub-section (3) since she attains the age of majority on completing the age of eighteen years, there can be no difficulty in understanding of the said provision to say that a petition for annulment should be filed within two years of attaining majority, i.e. before completing twenty years of age. But, in the case of a male, any marriage solemnised before he completes the age of twenty one years is a child marriage and the same is voidable. Therefore, he can be expected to file a Petition for annulment within two years after attaining the age of twenty-one years. But, sub-section (3) reads that such Petition should be filed when he completes two years of attaining majority which means before completing twenty years of age. For example, if the child marriage of a male takes place on his completing twenty years of age and if a literal interpretation is given to sub-section (3) of the Prohibition of Child Marriage Act, surely, he will not be in a position to file a Petition to annul the marriage. Such literal interpretation in the case of a male would create anomalous situation. It is too well settled that no provision of any law shall be interpreted in such a way to make it either anomalous or unworkable. Therefore, in our considered opinion, sub-section (3) of Section 3 shall be read that in the case of a male, a Petition for annulment of child marriage shall be filed before he completes two years of attaining twenty-one years of age. We are hopeful that the parliament will take note of the above anomaly and make necessary amendment to sub-section (3) to avoid any more complication.

137. As far as marriage laws are concerned, as far back as 1978, the minimum age of marriage of a girl child was increased to 18 years. The Restraint Act, was replaced by the PCMA wherein also marriage of a girl child aged below 18 years is prohibited. However, Section 3 of the PCMA makes a child marriage voidable at the option of that party, who was a child at the time of marriage. The petition for annulling the child marriage must be filed within 2 years of the child attaining majority. Therefore, a girl who was married before she attained the age of 18 years, can get her marriage annulled before she attains the age of 20 years. Similarly, a male child can get the marriage annulled before attaining the age of 23 years. Even when the child is minor, a petition for annulment can be filed by the guardian or next friend of the child along with the Child Marriage Prohibition Officer. Unfortunately, both the number of prosecutions and the number of cases for annulment of marriage filed under PCMA are abysmally low."

29. Elaborating that submission, reliance has been placed on Section 9 of the PCMA to submit, though the Act uses the twin concepts of "child" and "minor" yet, the artificial concept of "child" under Section 2(a) of the PCMA, exists only to prescribe the legal age of marriage. At the same time, the legislature has consciously provided/prescribed punishment to males entering a "child marriage" though such a male thus be a "child" (at below 21 years of marriage). In that the legislature has acted on the age of "majority" attained by such a male under the Majority Act. In that regard, the legislature clearly treats such a male "child" to be an adult. That requires no elaboration in view of the phraseology ("male adult") employed in Section 9 of the PCMA. 

50. At the same time, the interpretation being offered would allow for an unfair and absurd advantage to arise in favour of male adults between 18 and 21 years of age. They may knowingly perform "child marriage" with underage and/or adult females, exposing their spouses to risk of their marriage being declared void at the instance of such "male adult" three years after such a victim female spouse may have crossed age of 20 years. Thus, a male who may be 18 years of age may marry a female 18 years of age and still have that marriage declared void by filing a suit under Section 3 of the PCMA up to age 23, though the victim female may remain helpless and disabled in law in setting up any valid defence. Even where an underage female party to such a "child marriage" may herself elect to confirm such a transaction - at age 18 and in any case loose limitation to institute any suit proceeding to seek a declaration that the transaction was void, at age 20, the male party to that transaction may continue to claim limitation to institute such a suit till age 23 years. No constitutional or legislative or socially justifiable reason may ever exist to accept that scheme of the Act.