Vol. 14, Part I · pages 91–95

DR. AMBEDKAR AND THE HINDU CODE BILL 73 24. Guardianship in marriage. —(1) Subject to the provisions of Part IV, wherever the consent of a guardian in marriage is necessary under this Part the persons entitled to give such consent shall be the following in the order specified hereunder, namely,— (1) the father; (2) the mother, (3) the paternal grandfather. (4) The brother by full or half blood, a brother by full blood being preferred to one by half blood and as between brothers both by full or half blood, the elder being preferred; (5) the paternal uncle by full or half blood, subject to the like rules of preference as are set out in entry (4) above; (6) the maternal grandfather; (7) the maternal uncle, subject to the like rules of preference as are set out in entry (4) above. (8) any other relative, the nearer being preferred to the more remote and as between relatives related in the same way, subject to the like rules of preference as are set out in entry (4) above. Explanation. —In determining which of the two relatives is nearer for the purposes of entry (8) above the test shall be, which of them is first entided to inherit to the ward’s heritable property according to the rules of intestate succession in Part VII. (2) No person shall be entitled to act as a guardian in marriage under the provisions of this section unless such person has himself completed his or her twenty-first year. (3) Where any person entitled to be me guardian in marriage under the foregoing provisions refuses or is by reason of absence, disability or other cause, unable or unfit, to act as such, the person next in order shall be entitled to be the guardian. (4) Nothing in this Part shall affect the jurisdiction of a court to prohibit by injunction an intended marriage arranged by the guardian, if in the interests of the minor, the court thinks it necessary to do so. (24) Part IV sec. 22, page 19.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES74 (25) Special provisions for a valid marriage between Marumakkattayees, etc. 24A. Conditions relating to marriage of Marumakkattayam or Aliyasantana female.—(1) A marriage solemnized after the commencement of this Code between a female who, if this Code had not been passed, would have been governed by the Marumakkattayam or Aliyasantana law and a male Hindu, shall be a valid marriage if the conditions specified in section 7 are fulfilled; Provided that the condition specified in clause (v)* of the said section shall not apply to any such marriage. (2) Every marriage under this section shall be openly solemnized in accordance with the customary rites and ceremonies, if any, prevailing in the community to which the parties belong or either of them belongs; Provided that no such marriage shall be deemed to be invalid merely by reason of any irregularity in the performance of any of the rites and ceremonies aforesaid. (3) Notice of every marriage under this section shall be given by such person to such authority in such form and within such time as may be prescribed. (4) Where a marriage is solemnized under the provisions of this section between a female who, if this Code had not been passed, would have been governed by the Marumakkattayam or Aliyasantana law, and a male Hindu who would not have been governed by such law, it shall be lawful for the parties to make a declaration in the notice given under sub-section (3) that they desire to be governed by the special provisions contained in this Part with respect to annulment of Marumakkattayam or Aliyasantana marriages, and unless any such declaration is made,— (a) nothing contained in any such special provision (except this section) shall apply to either of the parties; and (b) Chapters II and III of this Part shall apply to, or in relation to, such marriage as they apply to, or in relation to, a Dharmik marriage. (5) If any person fails to give notice of a marriage as required by subsection (3), he shall be punishable with fine, which may extend to fifty rupees; Provided that the failure to give any such notice shall not invalidate the marriage or affect the legal rights of the parties to, or of the issue of, such marriage.

DR. AMBEDKAR AND THE HINDU CODE BILL 75 (25)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES76 (26) Penalties, etc. *25. Bigamous marriage and punishment therefor. —Any person who during the lifetime of his or her spouse, if the marriage of such person with such spouse has not been annulled in accordance with the provisions of this Code, or, at any time before the commencement of this Code, in accordance with the law, custom or usage in force at the time, contracts any other marriage after the commencement of this Code, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code (Act XLV of 1860) for the offence of marrying again during the lifetime of a husband or wife. (27) 26. Penalty for signing false declaration or certificate. —Every person making, signing or attesting any declaration or certificate required under this Part, containing a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be * * * * guilty of the offence described in section 199 of the Indian Penal Code (Act XLV of 1860). * * * * * * Dr. Ambedkar’s note in pencil on his personal copy, ‘Recognises custom also to make matter clear’ —Ed.

DR. AMBEDKAR AND THE HINDU CODE BILL 77 25. Bigamous marriage and punishment therefor. — Any person who during the lifetime of his or her spouse, if the marriage of such person with such spouse has not been dissolved by a Court of competent jurisdiction, contracts any other marriage after the commencement of this Code, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code 1860 (XLV of 1860) for the offence of marrying again during the lifetime of a husband or wife. (26) 26. Penalty for signing false declaration or certificate.—Every person making, signing or attesting any declaration or certificate required under this Part, containing a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to be guilty of the offence described in section 199 of the Indian Penal Code 1860 (XLV of 1860). (27) Part V, sec. 24, page 19. Part IV sec. 22, page 18.