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MARRIAGEACT

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marriage.
Divorce.
Natural
guardians of a
Hindu minor.
13. (1) * * * * *
(2) A wife may also present a petition for the dissolution of her marriage by a decree of
divorce on the ground,—
* * * * *
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after attaining
that age but before attaining the age of eighteen years.
* * * * *
————
EXTRACTS FROM THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956
(32 OF 1956)
* * * * *
6. The natural guardians of a Hindu minor; in respect of the minor's person as well as
in respect of the minor's property (excluding his or her undivided interest in joint family
property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother:
Provided that the custody of a minor who has not completed the age of
five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother,
and after her, the father;
(c) in the case of a married girl—the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under
the provisions of this section—
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit
(vanaprastha) or an ascetic (yati or sanyasi).
Explanation.—In this section, the expressions "father" and "mother" do not include
a step-father and a step-mother.
* * * * *
9. (1) * * * * *
(6) The right of the guardian so appointed by will shall, where the minor is a girl, cease
on her marriage.
* * * * *
————
EXTRACTS FROM THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
(78 OF 1956)
* * * * *
7. Any male Hindu who is of sound mind and is not a minor has the capacity to takes
on or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his
wife unless the wife has completely and finally renounced the world or has ceased to be a
Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Testamentary
guardians and
their powers.
Capacity of a
male Hindu to
take in
adoption.
8
9
Capacity of a
female Hindu
to take in
adoption.
Conditions
relating to
solemnization
of foreign
marriages.
Explanation.—If a person has more than one wife living at the time of adoption, the
consent of all the wives is necessary unless the consent of any one of them is unnecessary
for any of the reasons specified in the preceding proviso.
8. Any female Hindu who is of sound mind and is not a minor has the capacity to take
a son or daughter in adoption:
Provided that, if she has a husband living, she shall not adopt a son or daughter except
with the consent of her husband unless the husband has completely and finally renounced
the world or has ceased to be a Hindu or has been declared by a court of competent
jurisdiction to be of unsound mind.
* * * * *
————
EXTRACT FROM THE FOREIGN MARRIAGE ACT, 1969
(33 OF 1969)
* * * * *
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
4. A marriage between parties one of whom at least is a citizen of India may be
solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time
of the marriage, the following conditions are fulfilled, namely:—
* * * * *
(c) the bridegroom has completed the age of twenty-one years and the bride the
age of eighteen years at the time of the marriage, and
* * * * *
MGIPMRND—1653LS(S3)—20-12-2021.
LOK SABHA
————
A
BILL
further to amend the Prohibition of Child Marriage Act, 2006.
————
(Smt. Smriti Zubin Irani, Minister of Women and Child Development)
LOK SABHA
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