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Writer's picturethelila500
Nov 22, 20223 min read

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

The provision of Section 6 of the HIndu Marriage Act, 1955, which provided for the guardianship in marriage, has been omitted FROM the Child Marriage Restraint (Amendment) Act, 1978, (2 of 1978), w.e.f. 1/10/1978. The previous text stated that-

  • Wherever the consent of a guardian for a bride under the law was necessary, the persons who could give such consent are as mentioned below-

  1. The father of the bride,

  2. The mother of the bride

  3. The paternal grandfather

  4. The paternal grandmother

  5. The brother by half blood, eldest to be preferred, provided the bride has been brought up by him

  6. The paternal uncle by full blood

  7. The paternal uncle by half blood, provided the bride has been brought up by him

  8. The maternal grandfather

  9. The maternal grandmother

  10. The maternal uncle by blood, provided the bride has been brought up by him

  • No person could act as a guardian if he/she has not completed his/her twenty first year.

  • Also, the court can put an injunction over a marriage, in case the court believes that the consent of the bride is necessary.

  • To deal with any situation related to the Hindu Marriage Act, 1955, it is advised to seek the Lawyers In Ahmedabad. For example, in case you have decided to divorce your spouse due to various reasons, it is advised to contact a Divorce Lawyers In Vadodara.

The Child Marriage Restraint Act, 1929

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




Objective of the Child Marriage Restraint Act-

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

  • Eradication of the evil of child marriage, for this the Child Marriage Restraint Act was passed in the year 1929.

  • The objective of the Act is to eliminate the evil or the dangers which may occur in the lives of a female child, who do not have the ability or are not mature enough to withstand the stress and strains of married life and to avoid any early deaths of these minor mothers.

Significance of the Child Marriage Restraint Act-

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

  • This organised group pressurised many politicians into supporting the reform by picketing their delegations, holding placards and shouting slogans.

  • However the Act remained a dead letter during the British Rule, as the colonial government did nothing to implement the law for various political reasons.

The Child Marriage Restraint (Amendment) Act, 1978

This Act was amended in 1978 to increase the minimum age for females to 18 years old and 21 years of age for men. Later, the Prohibition of Child Marriage Act, 2006 replaced the above mentioned Act, however the age limit remained the same.


Conclusion

Form above mentioned discussion, it could be understood that the provision of law provided under Section 6 of the HMA has been omitted from the Child Marriage Restraint (Amendment) Act, 1978. The minimum legal age for marriage has also been increased to 18 and 21 years of age for females and males respectively.

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