What Is Section 6 Of Hindu Marriage Act And Its Significance?
India, a multicultural nation, permits each resident to be governed by personal laws pertaining to religious beliefs. This includes personal laws, such as those pertaining to marriage and divorce, among other things.
The Hindu Marriage Act was passed by Parliament in 1955 as a component of the Hindu Code Bill to update and codify the Hindu marriage law. Along with governing the institution of marriage (including its legal and grounds for nullity), it also controls various facets of Hindus' private lives and the extent to which these lives are applicable to the rest of Indian society. Hindus are guided to form a formal marriage relationship with the Hindu Marriage Act. It gives marriage purpose, allows the bride and groom to live together, and provides safety for their families and kids so that they are not affected by their parenting problems. Court marriage in Bangalore can be solemnised by visiting the Marriage registrar.
Section 6 of the Hindu Marriage Act, 1955:
(1) Wherever the approval of a guardian in marriage is required under this Act for a bride, the following individuals shall be in the order listed below to offer such approval:-
(a) Father (b) Mother (c) father’s father (d) father’s mother (e) brother related by full blood (preferred eldest) (f) the half-blood brother; where there are two half-blood brothers, the eldest is preferred; if he is the bride's primary caregiver and she lives with him (g) the paternal uncle who is a complete blood relative, with the eldest uncle favoured (h) the paternal uncle by half blood; the elder being favoured between paternal uncles by half blood; if he is the bride's primary caregiver and she lives with him (i) mother’s father (j) mother’s mother (k) the maternal uncle by half blood; the elder being favoured between maternal uncles by half blood; if he is the bride’s primary caregiver and she lives with him.
(2) Under the terms of this section, no one shall be qualified to serve as a guardian in marriage until that person has attained the age of twenty-one.
(3) When a person who is qualified to serve as the guardian in a marriage under the aforementioned rule declines or is unable or unfit to do so for whatever reason, the person next in line will be able to function in that capacity.
(4) The agreement of a guardian shall not be required for a marriage under this Act in the absence of any such person as is mentioned in sub-section.
(5) Nothing in this Act affects a court's ability to enjoin an intended marriage if it serves the interests of the bride whose marriage consent is required and the court thinks it to be important to do so.
This section had legalised the marriage of a girl child who had not yet attained the age of majority. However, this section was repealed in the year 1978 by the amendment brought to the Child Marriage Restraint Act, 1929. Court marriage in Kanpur does not require the consent of a guardian.
Child Marriage Restraint Act: The British, who at the time was in charge of the nation, paid less attention to us Indians and more attention to their own personal interests. Thus, Rai Sahib Haribilas Sharda presented his Hindu Child Marriage Bill in 1927 over adamant British resistance and after the British had rejected a series of Bills and memoranda. In 1929, a body called the Joshi Committee received a referral on this bill. The Imperial Legislative Council of India approved the Bill in 1929 based on the committee's recommendations. This law was also referred to as the Sharda Act of 1929 and the Child Marriage Restraint Act. The primary purpose of this Act was to raise the minimum age for marriage. It was 18 years for the males and 14 years for the girls. Additionally, a male adult under the age of 21 who marries a minor kid faces a 15-day jail sentence and a fee of up to Rs. 1000, while a male adult over the age of 21 faces a three-month prison sentence and a fine. An amendment was presented later in 1978. The amendment was enacted to raise the marriage age for males to 21 and females to 18. This Act was India's first social reform that addressed the problem of child marriage. This Act, therefore, appeared promising.
The repealed Section 6 of the Hindu Marriage Act lacks significance in the country today as the 1929 Act has been replaced by the Prohibition of Child Marriage Act, 2006 under which the marriage of a girl under the age of 14 years has been recognised to be an illegal act. The Parliament has also considered raising the minimum age of a girl's marriage to 21 years. Any consent given by the guardian mentioned in Section 6 of the Hindu Marriage Act in the wedding of a minor girl child shall not be legal. Two adults can provide valid consent for their marriage and court marriage in Indore can be solemnised.
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