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Report No. 81

6.10. Age of marriage under Hindu law.-

The position as to 'minority' in the context of marriage may be briefly stated with reference to the period before the passing of the Hindu Marriage Act, 1955. The Indian Majority Act,1 did not "affect the capacity of any person to act in the matter of marriage, dower, divorce and adoption".2 The matter had, therefore, to be considered with reference to the principles of Hindu law. In Hindu law, the age of majority is attained on completion of the 16th year ',15th year in the Bengal school)3 and persons below that age cannot be married, except through their guardians whose right rests upon the text of Yajnavalkya already quoted.4 Thus, under Hindu law, a girl could not marry without the guardian's consent before attaining the age of 16.

1. Gour Hindu Code, (1938), p. 117, para. 357.

2. Section 2(a), Indian Majority Act, 1873.

3. Mulla Hindu Law, (1974), p. 511, para. 433.

4. Para. 6.5, supra.

Hindu Widows Re-marriage Act, 1856 Back

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