Report No. 110
6.7. No change proposed in the section.-
We have carefully examined the sections in the light of such case law as exists thereon. We do not see any need to recommend any amendment in the sections.
6.8. Section 22.-
This takes us to section 22 which provides that the property of a minor may be settled in contemplation of marriage, subject to the approval of the minor's father, or, if the father is dead or absent from India, with the approval of the High Court. The section is based on an earlier English statute1, which has now been repealed in England.
1. Infants Settlement Act, 1855 (Eng.), (18 & 19) V, C. 43 (Repealed by the Family Law Reform Act, 1969).
6.9. Position in common law.-
At common law, a court had no power to make a binding settlement on behalf of an infant. The Infants Settlement Act, 1855 was passed in England to enable male infants over 20 and female infants over 17 to make a binding settlement with the consent of the court of chancery. The Act was particularly needed in view of the fact that when infants were wards, the court could not sanction marriage without a proper settlement. This was at a time when the age of majority in England was 21 years. As the age has now been reduced to 18 years, the Act has been repealed.1
1. Family Law Reform Act, 1969.