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Report No. 83

6.74. Utility of clause (a) in the light of child marriage restraint.-

The question may be raised whether clause (a) is needed at all the present day, when persons below 18 years of age are prohibited from marrying by the Child Marriage Restraint Act, 1929 as amended in 1978. If the present law relating to minimum age of marriage in India is complied with throughout India, there would not, in future, be any minor who is a female married in India.

But there could still be minors who are married outside India (who are not Indian citizens) and who have come to reside in India, and there may also be minors married in India before 1978 (when the Child Marriage Restraint Act was amended so as to make 18 years the minimum age of marriage).

Hence clause (a) of section 19 cannot be deleted.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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