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Writer's pictureLead India
May 30, 20233 min read

WHAT IS THE SIGNIFICANCE OF SECTION 6 OF HINDU MARRIAGE ACT ?

Section 6 of the Hindu Marriage Act, 1955, provides for the guardianship in marriage and has been omitted with the introduction of the Child Marriage Restraint (Amendment) Act, 1978, (2 of 1978), w.e.f. 1/10/1978. The previous text of Section 6 stated that-

  • If the consent of a guardian for a bride’s marriage was necessary as per the law, then the persons who can give such consent have been mentioned below-

  • The father,

  • The mother

  • The paternal grandfather of the bride

  • The paternal grandmother of the bride

  • The brother of the bride, ie. her half blood brother, eldest brother to be preferred, provided that the bride has been brought up by him

  • The full blooded paternal uncle

  • The paternal uncle by half blood, provided that the bride was brought up by him

  • The maternal grandfather of the bride

  • The maternal grandmother of the bride

  • The maternal uncle by blood, provided that the bride has been brought up by him

  • A person cannot act as a guardian if he/she has not completed his/her twenty first year.

  • Also, the court can order an injunction over a marriage, if the court observes that the consent of the bride is required.

If you are facing any situation related to the Hindu Marriage Act, 1955, you are advised to seek thelawyers in ahmedabad. For instance, if you have decided to divorce your spouse for various reasons, it is advised that you contact a divorce lawyers in vadodara.

The Child Marriage Restraint Act, 1929

The Child Marriage Restraint Act was passed on the 28th of September in the year 1929. The Act fixed marriageable age for girls at 14 years and 18 years for the boys. Commonly known as the Sharda Act, the Act was named thus after its sponsor Harbilas Sarda. After the introduction of the Prohibition of Child Marriage Act, marriageable age for boys and girls was fixed to be 21 and 18 years respectively.


Objective of the Child Marriage Restraisnt Act-

Following are some of the objectives of the Child Marriage Restraint Act-

  • To completely eradicate the evil of child marriage, the Child Marriage Restraint Act was passed in the year 1929.

  • The objective behind the introduction of the Act is to eliminate the evil or dangers which could occur in the life of a female child, who does not have the ability or is not matured enough to withstand the stress and stains of married life so as to avoid early deaths of these minor mothers.


Significance of the introduction of the Child Marriage Restraint Act-

  • It was the initial step taken by an organised women’s group in India

  • This group pressurised various politicians into supporting the objective by picketing the delegations of such politicians, by holding placards as well as shouting slogans.

  • However the Act continued to be a dead letter during British Reign, as the then government did nothing to implement the new law for its own political agenda.

The Child Marriage Restraint (Amendment) Act, 1978

The Act was amended in the year 1978 so as to increase minimum age for marriage for females to 18 years old while for males it has been fixed to 21 years of age. Later, the Prohibition of Child Marriage Act, 2006 completely replaced the Act mentioned above, but the age limit still remained the same.


Conclusion


Form the discussion above, it could be understood that the provision of law provided under Section 6 of the HMA has long been omitted by the new law with the name of Child Marriage Restraint (Amendment) Act, 1978. Minimum legal age for marriage for females and males has also been increased to 18 and 21 years.

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