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Report No. 81

6.13. Position under the Hindu Marriage Act as amended in 1978.-

While this was the position under the Hindu Marriage Act, 1955 as originally enacted, it may be pointed out that under that Act as amended in 1978,1 only a girl above the age of eighteen can legally marry and the question of obtaining the consent of the guardian for her marriage cannot now arise, whether the girl is unmarried or a widow.

By the Schedule to the Child Marriage Restraint (Amendment) Act, 1978,10 section 5(iii) of the Hindu Marriage Act was amended to substitute for "eighteen years" (for the bridegroom) and "fifteen years" (for the bride), the words "twenty-one years" and "eighteen years" respectively. As a consequential change, section 5(vi) and section 6, which were concerned with guardianship in marriage, were omitted by the same amending Act.

1. Central Act 2 of 1978.

Hindu Widows Re-marriage Act, 1856 Back

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