In the last article, we have seen meaning of the term natural guardian. In this article, we shall study the rights and power of a natural guardian under the Hindu Minority and Guardianship Act, 1956.

Rights of Natural Guardians:

The natural guardian of having the following rights in respect of minor children:

• Right to custody
• Right to determine the religion of children
• Right to education
• Right to control movement
• Right to reasonable chastisement

These rights are conferred on the guardians in the interest of the minor children and therefore of each- of these rights is subject to the welfare of the minor children. The natural guardians have also the obligation to maintain their minor children.

Powers of Natural Guardian and Restrictions on Him:

Section 8: The Hindu Minority and Guardianship Act, 1956:

Powers of natural guardian:

(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in subsection (2) except in case of necessity or for an evident advantage to the minor.

• As per Section 1 of the Act,  the natural guardian of a Hindu minor has the power to do all acts, which are mandatory or reasonable and proper for the benefit of the minor for the realization, protection or benefit of the minor’s estate, but the guardian can in no case bind the minor by a personal covenant.
• As per Section 8 Subsection 2 Clause (a) of the Act, the natural guardian should get the prior permission of the court, to mortgage or transfer by sale, gift, exchange or any part of the immovable property of the minor.
• As per Section 8 Subsection 2 Clause (b) of the Act, prior permission from the court is needed to lease any part of minor’s property for a term exceeding five years (5 years) or for a term extending one year beyond the date on which the minor attains majority.
• As per Section 8 Subsection 3 of the Act, any disposal of immovable property by the natural guardian, in contravention of Section 8 Subsections (1) and (2) of the Act is voidable at the instance of the minor or any person claiming under him.
• Section 8 Subsection 4 lays down that no court will grant permission to the natural guardian to do any of the acts such as Transfer of Property or Lease of a Property under Subsection 2 only in case of necessity or for an evident advantage to the minor.

Application for Obtaining Permission From Court:

Section 8: The Hindu Minority and Guardianship Act, 1956:

Powers of natural guardian (Contd):

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof;

(b) the court shall observe the procedure and have the powers specified in Subsections (2), (3) and (4) of Section 31 of that Act; and

(c)an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the Acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

In Radheshyam v. Kisan Bala, AIR 1971 Cal. 341 case, the Court held that the Court can also enforce specific performance of a purchase agreement at the instance of natural guardian, if it is satisfied that the purchase is for the benefit of the minor, having regard to all the facts and circumstances of the case.

Section 5 of the Act, lays down the procedure to be followed by the guardian for obtaining the permission of the Court to transfer or lease a minor’s property.

• The guardian needs to apply for permission to the city civil court, or a district court or a court empowered under the Guardians and Wards Act, 1890 (8 of 1890).
• Submit the application to the concerned court within the local limits of whose jurisdiction any portion of the property of minor is situated.
• An appeal reclines from an order of the court refusing permission to the natural guardian to do any of the acts of property transfer to the court to which appeals ordinarily lie from the decisions of that court.

Meaning of the term “Court” Under the Act:

Section 8: The Hindu Minority and Guardianship Act, 1956:

Powers of natural guardian (Contd):

(6) In this section, “Court” means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

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Indian Legal System > Civil Laws > Family Laws > The Hindu Minority and Guardianship Act, 1956 > Powers of Natural Guardians

The post Powers of Natural Guardians (S. 8) appeared first on The Fact Factor.

In this article, we shall look at the introduction of the Hindu Minority and Guardianship Act and the meaning of the term natural guardians.

As per Section 1 Clause (2) of the Act, the Act extends to the whole of India except the State of Jammu and Kashmir and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

As per Section 2 of the Act, The provisions of this Act are in addition to, and not in substitution or derogation of, the Guardian and Wards Act of 1890.

As per Section 3 of the Act, not only Hindus but Lingayat, Virashaiva, Brahmo followers, Prathana Samaj followers, Arya Samaj followers, Buddhist, Sikhs, and Jains are also covered under this Act.  Muslims, Christians, Parsis, and Jewish are not covered under this act.

Similarly, under Section 3 of the Act, it is applicable to

1. any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;
2. any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
3. any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion

Section 4 Clause (a) says “minor” means a person who has not completed the age of eighteen years.

Section 4 Clause (b) says “guardian” means a person having the care of the person of a minor or of his property or of both his person and property, and includes— (i) a natural guardian, (ii) a guardian appointed by the will of the minor’s father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any Court of wards.

The above-mentioned types of guardians are not exhaustive. A person who is taking care of a minor without the authority of law can also be a guardian under the above definition and is called a de facto guardian. De facto guardians include self-appointed guardians and guardians by affinity, such as guardians for a minor widow. However, a person does not have the right to sell or deal with minor’s property if he is merely a de-facto guardian as per section 11. Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme guardianship of the minor children vested in the State as parens patrie and was exercised by the courts.

Concept of Natural Guardians:

Section 6 of the Act, defines the meaning of the term “Natural guardians”.

Section 6: The Hindu Minority and Guardianship Act, 1956:

Natural guardians of a Hindu minor:

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

In case of Legitimate Boy and Legitimate Unmarried Girl:

Under Sec. 6 Clause (a) of the Hindu Minority and Guardianship Act, in case of a legitimate boy and legitimate unmarried girl, his/her biological father is the natural guardian. It is only when the father is disqualified or is no more; the biological mother becomes the natural guardian. The explanation appended to section 6 clarifies that the ex­pression “father” and “mother” do not include a “step-father” and a “step-mother”.

In case of a minor boy or unmarried girl of age less than 5 years, ordinarily, the guardianship of such a child is given to the mother.

In case of Illegitimate Boy and Illegitimate Unmarried Girl:

Under Sec. 6 Clause (ab) of the Hindu Minority and Guardianship Act, in case of an illegitimate boy or illegitimate unmarried girl, his/her biological mother is the natural guardian. It is only when the mother is disqualified or is no more; the biological father becomes the natural guardian.

In Case of Married Girl:

In the case of married girl her husband is her natural guardian provided that he is not minor.

Persons Barred From Becoming Guardian of Hindu Minor:

The section 6 Clause (a) sub-clauses (a) and (b) further lies down that a person will be disentitled to be the natural guardian of a minor if he has ceased to be a Hindu, or if he had completely renounced the world by becoming a hermit (Vanaprasthi) or an ascetic (Yati or Sanyasi).

Section 7: The Hindu Minority and Guardianship Act, , 1956:

Natural guardianship of adopted son.

The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.

Section 7 refers to the guardianship of the adopted son. Accord­ing to this section the natural guardianship of an adopted son who is a minor pass, on adoption, to the adoptive father and after him to the adoptive mother. Thus the adoptive parents are treated as biological parents in eyes of law.

This Section speaks only of an adopted son but makes no mention of an adopted daughter. The uncodified Hindu Law also did not recognize the adoption of a daughter. However, it may be noted that the Act came into force before passing of the Hindu Adoptions and Maintenance Act, 1956, which now recognizes the adoption of a daughter also, and confers that right both upon male and female Hindu.

Section 12 of the Hindu Adoptions and Maintenance Act, 1956 provides that an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with the effect from the date of the adoption.

Case Laws Explaining the Term Natural Guardians:

In P.T. Chathu Chettiar v. K. K. Kanaran, AIR. 1984 Ker. 118 case, the Court held that when the father is alive and is not disqualified to act as the guardian of the minor, it is incompetent for the mother to interpose herself as the guardian of the minor.

In Rajalakshmi v. Ramachandran, AIR 1967 Mad 113 case, the Court held that if a person donates property to a minor and appoints himself a guardian to look after the property he would not be a guardian within the meaning of the Act

In Essakkayal nadder v. Sreedharan Babu, AIR 1992 Ker 200 case, the mother of the minor was dead, but the father was not residing with his children. The Court held that the father is still alive, has not ceased to be a Hindu or renounced the world and has not been declared unfit, this does not authorize any other person to assume the role of natural guardian and alienate the minor’s property.

In Gita Hariharan v. Reserve Bank of India, AIR 1999 SC 1149 case, an educated and employed mother wants to make her five-year-old child nominee for her investments but asked for the paperwork in which she was either required to provide the name of the father or guardianship certificate. The Supreme Court held that under certain circumstances, even when the father is alive mother can act as a natural guardian. The Court also said that the term ‘after’ used in Section 6(a) has been interpreted as ‘in absence of husband’ instead ‘after the life-time of husband’. This new ruling had benefitted the society in two ways, firstly protection of rights of a child born out of wedlock and secondly provided a legal status to single mother especially for the children of sex workers. This judgment will at least do some good and safeguard the rights of unwed mothers or illegitimate child which Guardianship act had mentioned but society had still not accepted.

In a case Jajabhai v. Pathankhan, AIR 1971 SC 315 case, where a mother and father had fallen out and were living separately and the minor daughter was under the care and protection of her mother, the Court held that the mother could be considered as the natural guardian of minor girl.

In Smt. Dr. Snehalata v. Mahendra Narain, AIR 1979 Raj. 29 case, the Rajasthan High Court held that till the girl attained the age of 5 years it was not possible for the applicant’s father to have moved for the custody of the girl as contained in section 6 of the Act of 1956. Hence mother alone was entitled to the custody of the minor daughter

Empowerment of Mother as natural Guardian Under the Act:

The Hindu Minority and Guardianship Act, 1956 has im­proved the status of the mother as the natural guardian. Under the old Hindu Law, a mother could not act as a natural guardian of the child if the father has written any testament depriving her of the natural guardianship of the minor. Now under the Hindu Minority and Guardianship Act, 1956, the mother is considered as natural guardian after father or in absence of the father.

When studying Section 6 of the Act we have to understand provisions of Section 12 of the Act.

Section 12:The Hindu Minority and Guardianship Act, , 1956:

Guardian not to be appointed for minors undivided interest in joint family property.—

Where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to appoint a guardian in respect of such interest.

Section 12 substantially confirms the old Hindu Uncodified Law. If the minor is a member of the join mitakshara family, the father, as Karta, is entitled to management of whole coparcenary property, including the minor’s interest. After his death, this right of management passed on to the eldest son as next Karta. Now, the reason why guardian cannot be appointed of the undivided interest of such a member is not separate or undivided property. Such a case would, therefore. be governed by the general principles of Hindu Law relating to joint family property.

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Indian Legal System > Civil Laws > Family Laws > The Hindu Minority and Guardianship Act, 1956 > Concept of Natural Guardians

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In this article, we shall study the need for the Hindu Minority and Guardianship Act. The changes it brought about in uncodified Hindu law.

Due to the concept of joint family, the Hindu Texts, do not much discuss about the guardianship. The minors generally lived in a joint family and were always under the protection of the Karta. The Karta of the joint family was under a legal obligation to protect the minors and the women and to maintain them, even after the death of the father or the husband, as the case may be. When the minors were in Gurukul or in the Ashram of the Guru during their learning phase, the Guru was their protector. 

Guardians may be of the following types:

1. Natural guardians,
2. Testamentary guardians, and
3. Guardians appointed or declared by the court.

There are two other types of guardians, existing under Hindu law,

1. de facto guardians, and
2. guardians by affinity.

In modern times the concept of guardianship has changed from the paternal power to the idea of protection. The modern law of guardianship has its basis in the incapacity which law attributes upon the minors and persons deficient in mental capacity in the matter of looking after themselves, their property or entering into contracts. The Hindu Minority and Guardianship Act, 1956 codifies the laws regarding minority and guardianship with the welfare of the child at the core. During the British regime, the law of guardianship was developed by the courts. It came to be established that the father is the natural guardian of the children and after his death, the mother is the natural guardian of the children and none else can be the natural guardian of minor children. In the absence of both father and mother, the court was required to appoint a guardian from among the nearest blood-relations firstly from the paternal side and in their absence from the maternal side. So far as the minor wife was concerned the husband himself whether a minor or a major was her natural guardian.

The general law relating to guardianship is contained in the Guardians and wards Act, 1890. This Act which applies to all persons in India, including Hindus. The Guardian and the Wards Act, 1890 made certain changes in the position of natural guardians. It is important to note that the Guardian and Wards Act of 1890 remains the basis of the rights and duties of a natural or a testamentary guardian or of a guardian appointed by a court although with certain necessary changes the present Hindu Minority and Guardianship Act, 1956 has been adopted and enacted on 25^th August, 1956. The provisions of this Act are in addition to, and not in substitution or derogation of, the Guardian and Wards Act of 1890. Apart from these two Acts, the Hindu Marriage Act, 1955, also declares certain persons to be guardians in marriage.

Objects of The Hindu Minority and Guardianship Act, 1956:

The law of guardianship is based on the incapacity which the law attributes to minors and to persons who are deficient in mental capacity (e.g. lunatics and idiots). It is presumed that such persons are incapable of looking after themselves or maintaining their property or entering into a contract. Hence it is necessary to entrust the management of their affairs to proper guardians. This act was passed with an object of defining rights, obligations, relationships between adults and minors. The Hindu Minority and Guardianship Act was established to empower the Guardians and Wards Act of 1890 and provide better right and protection to children instead of acting as a replacement of already prevalent act.

Changes made by the Hindu Minority and Guardianship Act:

1. The age of minority amongst Hindus has been made the same as under the general law i.e. eighteen years (Section 4(a) of the Act)
2. The long list of natural guardians existing under old Hindu law has been reduced to three only, namely the father, the mother, and the husband. (Section 6 of the Act)
3. Some control has been imposed on natural and testamentary guardians. (Sections 8 and 9 of the Act)
4. It has been provided that a de facto guardian has no power to deal with a Hindu minor’s property. Prior to this Act, the de facto guardian has that power to deal with such property.
5. The Act has improved the status of the mother as one of the natural guardians.  The right of the father to appoint a guardian for the minor by will, during the lifetime of the mother, has been taken away. Thus if the father appoints a testamentary guardian, upon the death of the father, it is not the testamentary guardian but the mother of the minor would act as the natural guardian (Section 9(1) of the Act)
6. The Act has vested the mother with the power to appoint by will, a guardian, who would act in preference to a guardian appointed by the father in certain cases.
7. The Custody of minor child below 5 years is ordinarily to be with mother (Section of the Act). Prior to this Act father was entitled to such custody.
8. No person shall be entitled to act as guardian if he or she has ceased to be a Hindu or has renounced the world by becoming a Sanyasi.
9. The Act has considerably restricted the powers of a natural guardian regarding alienations of the immovable property of the minor. Now under the Act, he cannot alienate the immovable property of the minor without the previous permission of the court (Section 8 (2)). Prior to the Act, the father used to exercise unlimited powers with respect to the minor’s person and property.
10. The powers of the testamentary guardian have also been considerably limited under the Act.
11. Under the Act of 1956 no minor can himself be a guardian of the property of another minor. So a minor husband cannot now claim guardianship over the property of his minor wife.

Next Topic: Who are Natural Guardians Under the Act?

Indian Legal System > Civil Laws > Family Laws > The Hindu Minority and Guardianship Act, 1956 > Introduction

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Child marriage is a violation of human rights and can result in bonded labour, enslavement, commercial sexual exploitation, and violence against victims.

Demerits of Child Marriage:

• Lack of Understanding: Due to small age the level of understanding between marrying individuals is not developed.  
• Compatibility Issues: Compatibility has a huge impact on wedding relations. In child marriage due to younger age, the individuals have no idea about the preferences, choices, likings, and disliking of their partners. Absence of this understanding causes a decrease in their mental compatibility.
• Missing of Teenage Life: They (particularly girls) have to abandon their studies. They have to take responsibility of household activities at an earlier age and thus miss out on the fun of teenage life and being young. Teenage is the age which helps the individual to become a responsible citizen and caring person.
• Higher Risk of Miscarriages or Abortions: Due to desire they cannot abstain from sex and that also without using contraception. In such a case if the bride gets pregnant early in life, she is prone to the risks of abortions or miscarriages. Similarly, both are prone to sexually transmitted infections like HIV and AIDs.
• Make Compromises: They (particularly girls) have to give up their passion and ongoing education. They deviate from their chosen career or life goal to look after household activities, their babies and family. Similarly, the boy may be forced to compromise on rewarding opportunities for a job and training so that to take care of the family and the baby or the wife who can’t manage all alone.
• Financial Security Issues: Most men who marry at a very young age are not settled well in life yet. They have to depend on other family members to look after their babies and family.

Under the ancient Hindu Law, no minimum age limits were prescribed for a Hindu marriage. There is an injunction for men that they should marry on the completion of the Brahmacharya Ashram i.e., Study of the Vedas. According to Griha Sutras, the minimum age for the marriage of a girl was 8 years. Hence earlier there was no restriction on child marriages and they were part of social life. Brahmo Samaj led by Raja Ram Mohan Roy and Arya Samaj led by Swami Dayanand Saraswati made effort to abolish this practice.

The Act of 1929 was passed by the efforts of Rai Saheb Harbilas Sarda for the object of checking the evil of the child marriage. Hence this Act is also known as ‘Sarda Act’. The aim of the Act was not to prohibit child marriage but to restrain from it. In this enactment, it was laid down that at the time of marriage, the bride must have completed 14 years and the bridegroom 18 years. Later on, by an amendment, the marriageable age of girls was raised to 15 years. A boy or a girl younger than this was declared a “child” and child marriage was made punishable. But according to this Act the child marriage performed was a valid marriage. The original Hindu Marriage Act 1955 did not differ from this state of law.

The Child Marriage Restraint (Amendment) Act, 1978 laid down that at the time of marriage, the bride must have completed 17 years and the bridegroom 21 years. Accordingly, the Hindu Marriage Act, 1955 and Child Marriage Restraint Act, 1929 was amended. This Amendment was not rendering child marriages void. But, it prescribed some penalties for those persons who are responsible for child marriages. The offences under the Act are not cognizable offences. This means that unless a complaint is filed, no proceedings can be launched in a court.

Prohibition of Child Marriage Act, 2006:

The Child Marriage Restraint Act, 929 Act was replaced by a new Act called the Prohibition of Child Marriage Act, 2006. According to that Act, the minimum age for the bride is 18 years at the time of marriage and for the bridegroom, it is 21 years.

A ‘child’ under this Act means a boy who has not completed twenty-one year of age and a girl who has not completed eighteen years of age.

A ‘minor’ means a person (that is boy or a girl) who has not attained the age of majority under the Majority Act, 1875, namely, eighteen years of age.

Under Section 9 of the Act, whoever, being a male adult above 18 years of age, contracts a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees or with both.

Under Section 10 of the Act, whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he had reasons to believe that the marriage was not a child marriage.

Under Section 11(1) of the Act, here a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful including any member of an organization or association of persons who does any act to promote the marriage, or permits it to be solemnized or negligently fails to prevent it from being solemnized, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees. Provided that no woman shall be punishable with imprisonment.

Under Section 11(2) of the Act, for the purpose of this Section, it shall be presumed, unless and until the contrary is proved that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnized.

Under Section 12 of the Act, where a child, being a minor a) is taken or enticed out of the keeping of the lawful guardian; or b) by force compelled or by any deceitful means, induced to go from any place; or c) is sold for the purpose of marriage and made to go through a form of marriage or if the minor is married after which, the minor is sold or trafficked or used for immoral purposes, such marriage shall be null be void.

Under Section 3(1) of the Act, every child marriage whether solemnized before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. Provided that, a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.

Under Section 3(2) of the Act, if at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the child marriage prohibition officer.

Under the Hindu Marriage Act, 1955, a marriage solemnized in contravention of the conditions prescribed for a valid marriage was treated as valid. By invoking the doctrine of Factum Valet, validity was given to child marriages. Later, the Marriage Laws (Amendment) Act, 1976 through 13 (2) (iv), provided relief to a Hindu wife if her marriage was solemnized before attaining 15 years, can repudiate after attaining 15 years and before attaining 18 years. Now the Prohibition of Child Marriage Act, 2006 made a child marriage, voidable.

Under Section 3(3) of the Prohibition of Child Marriage Act, 2006, the petition under this Section may be filed at any time but before the child completes 2 years of attaining majority.

Under Section 14 of the Act, any child marriage solemnized in contravention of an injunction order issued prohibiting such marriage, shall be ‘void ab initio’.

Under Section 15 of the Prohibition of Child Marriage Act, 2006, notwithstanding anything contained in the Code of Criminal Procedure 1973, offences punishable under this Act shall be cognizable and non-bailable.

Under Section 6 of the Prohibition of Child Marriage Act, 2006, even if a marriage has been annulled by a nullity decree (Under Section 3 of the Act) the children of such marriage are deemed to be legitimate for all purposes.

Child Marriage Prohibition Officer:

Under Section 16 (1) of the Prohibition of Child Marriage Act, 2006, the State government is asked to appoint Child Marriage Prohibition officers over the area or areas specified in the notification in the official gazette. Under Section 16 (2) of the Act, a respectable member of the locality with a record of social service or an officer of the Gram Panchayat or Municipality or an officer of the Government or any public sector undertaking or an office-bearer of any non-governmental organization to assist the officer. Section 16 (3) of the Act prescribes the duties of the officer. They are as follows:

• to prevent solemnization of child marriages by taking such action as he may deem fit;
• to collect evidence for the effective prosecution of persons contravening the provisions of this Act;
• to advise either individual cases or counsel the residents of the locality generally not to indulge in promoting, helping, aiding or allowing the solemnization of child marriages;
• to create awareness of the evil which results from child marriages;
• to sensitize the community on the issue of child marriages;
• to furnish such periodical returns and statistics as the State Government may direct; and
• to discharge such other functions and duties as may be assigned to him by the State Government.

Under Section 13(2) (iv) of The Hindu Marriage Act, 1955, according to the Marriage Laws (Amendment) Act,1976 where the marriage of a girl (whether consummated or not) solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years, the girl can obtain a decree for dissolution of marriage. This is an additional ground made available to a wife. This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

Indian Legal System > Civil Laws > Family Laws > Prohibition of Child Marriage Act, 2006

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