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Report No. 15

27. Withholding of guardian's consent.-

Then the question is, what is to happen if the consent of the guardian is withheld without just cause. We have provided that in such cases, the permission of the district court will have to be obtained before the marriage is solemnised. At one stage, we were inclined to the view that this provision might be limited to marriages solemnised by Marriage Registrars (as at present)1 or by licensed Ministers. But the question has been raised whether such a provision should not apply even to marriages solemnised by Ministers of recognised Churches.

It appears that in these cases, when consent is refused, the higher ecclesiastical authorities usually intervene and bring about a settlement. We are of opinion that this is a function which pertains to the domain of civil rights, and more properly confined to the district court. The result is that the procedure of resort to District Court in case of refusal of consent will now be available for all marriages performed under the Act.

1. See section 45, Indian Christian Marriage Act, 1872.

Report on the Law of Christian Marriage and Divorce Back

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