cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India  Monday  January 10  1938

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday January 10 1938

1938

The resultant position according to the opinion of his Lordship would seem to be the following: First an adult woman can contract for her marriage pesonally ; secondly a minor’s marriage if contracted for by her guardian is valid and binding the only qualification being that where the guardian is not the father or the father’s father the minor has the option of puberty; thirdly if the [...] The Privy Council decision referred to is inconclusive for there the statement of the law is no more than the following: If the Apppllant was a minor then the ceremony performed between these two people who were Mahommedans would have been ineffectual to create a valid marriage unless the guardian of the minor. had prviously consented to the marriage." Obviouly the proposition does n [...] Lord Atkinson deliveing the judgment of the Privy Council in that case approved of the law laid down bf the Subordinate Judge at p. 354 of the rport that the marriage was null and void as the girl Atkia was under the age of twelve years at the date of her marriage and as she 30"VOL. [...] At the time of the application the wife was found to be insane and proceedings under the Lunacy Act was taken and the brother of the wife was appointed the man31."x mai THE CALCUTTA WEEKLY NOTES. [...] The Magistrate rejected the application on the ground that under the Criminal Pro cedure Code the Court had no power to apoint a guardian ad Rem and the manager was not entitled to be heard on behalf of the wife: Held (BRop mnELD and WAD1A JJ.)— That the manager appointed by the District Judge under the Lunacy Act was obviously the proper person to state the case for the wife.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday January 10 1938
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