Marriage
2 months ago
Sir , after my mother died my father married second time after 2 3 years after that , now my step mother 's youngest sister and me wanted to marry we are of same age 22 and 20xan we marry sir . Kindly guide me withvyour advice sir
A.Dear Client,
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 even if the parties to the marriage are of marriageable age which is now 18 years for girls(Bride) and 21 years for boys(Bridegroom). There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the stepmother's youngest sister comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 even if the parties to the marriage are of marriageable age which is now 18 years for girls(Bride) and 21 years for boys(Bridegroom). There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the stepmother's youngest sister comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
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A.Dear client,
Marriage within 21 years is illegal in India and is a punishable offence. The increase in minimum age of marriage for women to 21 years as provisioned in the Prohibition of Child Marriage Amendment Bill, 2021, would come into effect two years after the Bill is notified following its passage in Parliament.
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Marriage within 21 years is illegal in India and is a punishable offence. The increase in minimum age of marriage for women to 21 years as provisioned in the Prohibition of Child Marriage Amendment Bill, 2021, would come into effect two years after the Bill is notified following its passage in Parliament.
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A.Dear madam
Prohibition of Child Marriage (Amendment) Bill
Female Marriage Age extension to 21 years
Parliamentary Panel gets extension to submit report on Prohibition of Child Marriage (Amendment) Bill
The Bill was first referred to the committee in December 2021
October 27, 2022 01:29 am | Updated 01:29 am IST - New Delhi
With discussions on the controversial ‘The Prohibition of Child Marriage (Amendment) Bill, 2021’ still pending, Rajya Sabha Chairman Jagdeep Dhankar has given third extension to Parliamentary Panel on Education, Women, Children, Youth and Sports which is studying the Bill.
The Bill was first referred to the Parliamentary Standing Committee in December 2021. The panel has got an extension of three-months. The committee so far has spoken to a host of stakeholders including NGOs working on gender issues as also religious bodies who had expressed reservations about the law.
The panel was to submit its report by the last monsoon session of the Parliament but couldn’t do so because its chairperson Vinay Sahasrabudhe retired and his replacement was not found. Though according to sources, the discussions are still going on and it is nowhere close to the closing stage. Trinamool MP and committee member Sushmita Dev had pressed for deliberations with all women MPs from both Houses on the subject. Congress MP T.N. Prathapan had asked for the panel to travel across the country to take into account the views of both urban and rural populations.
The Bill amends the Prohibition of Child Marriage Act, 2006 to increase the minimum age of marriage of females to 21 years. Further, the Bill will override any other law, custom, or practice.
Annulling a child marriage
The 2006 Act permitted a person married before the minimum age of marriage to apply for annulling the marriage. The Bill increases the minimum age of marriage of females to 21 years. This implies that a person married between 18 and 21 years may also apply for annulling the marriage.
Prohibition of Child Marriage (Amendment) Bill
Female Marriage Age extension to 21 years
Parliamentary Panel gets extension to submit report on Prohibition of Child Marriage (Amendment) Bill
The Bill was first referred to the committee in December 2021
October 27, 2022 01:29 am | Updated 01:29 am IST - New Delhi
With discussions on the controversial ‘The Prohibition of Child Marriage (Amendment) Bill, 2021’ still pending, Rajya Sabha Chairman Jagdeep Dhankar has given third extension to Parliamentary Panel on Education, Women, Children, Youth and Sports which is studying the Bill.
The Bill was first referred to the Parliamentary Standing Committee in December 2021. The panel has got an extension of three-months. The committee so far has spoken to a host of stakeholders including NGOs working on gender issues as also religious bodies who had expressed reservations about the law.
The panel was to submit its report by the last monsoon session of the Parliament but couldn’t do so because its chairperson Vinay Sahasrabudhe retired and his replacement was not found. Though according to sources, the discussions are still going on and it is nowhere close to the closing stage. Trinamool MP and committee member Sushmita Dev had pressed for deliberations with all women MPs from both Houses on the subject. Congress MP T.N. Prathapan had asked for the panel to travel across the country to take into account the views of both urban and rural populations.
The Bill amends the Prohibition of Child Marriage Act, 2006 to increase the minimum age of marriage of females to 21 years. Further, the Bill will override any other law, custom, or practice.
Annulling a child marriage
The 2006 Act permitted a person married before the minimum age of marriage to apply for annulling the marriage. The Bill increases the minimum age of marriage of females to 21 years. This implies that a person married between 18 and 21 years may also apply for annulling the marriage.
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