Section 19 of HMA – The Ultimate Contradiction
family ap_lawcet advanced concept_confusionSunnah hai jab tum log mock tests dete ho, I'm at my shift. But still, someone's got to figure this out. Section 19 of Hindu Marriage Act (HMA) states that the marriage requires parental consent if one of the spouses is below 18 years of age. Fair enough. But then, Section 6 states that minors can get married with special permission from the court, provided it's in their best interest.
So, is it 18 or can a minor get married with court permission? The HMA doesn't seem to clarify this. It's like the lawmakers never bothered to think this through. What if a minor wants to get married but their parents don't agree? Can't seem to find any precedent or judicial guidance on this. Guess I'll have to wait for the exams to see how many marks I lose over this.
2 Comments
Yaar, I gotta say, Section 19 of Hindu Minority and Guardianship Act, 1956 does seem to be an ultimate contradiction. It says a minor Hindu can contract marriage at the age of 18, but a female can't get married without the court's permission till she's 21. This age-old rule is still prevalent! It's time to rethink and bring uniformity in age of marriage.
Section 19 of Hindu Marriage Act (HMA) indeed seems contradictory. It states divorce by mutual consent requires two years separation, but later an amendment added six months separation. Clearly, Parliament's intention was not to add complexity. It's a case of legislative oversight, not a deliberate contradiction. We need to look deeper into the legislative history to understand the actual intention behind this provision.