The general approach to family ties is communal, and people often act in the best interests of the community rather than based on their individual preferences. Generally, children are expected to consult their parents on major life choices such as their education and marriage. This consists of a husband and wife, their unmarried children, and their adult sons with their wives and children.
The barhi provides economic stability and a form of social identity.
The barhi is both patriarchal and patrilineal. Gender Roles Women tend to be in charge of household affairs. Minors are incapable of entering into any valid contract and marriage under the Hindu law is not a contract. The child bride or the child bridegroom are mere passive actors in such a marriage and the active participants are the parents, guardians or the custodians of such children. As the law is not mindful about the active culpability of these persons, this Act has not yielded the desired results.
The imposition of fine only lacks the deterrent effect which is needed most in such cases. Further this Act does not take into account the performance of preparatory ceremonies of such a marriage like engagements etc.
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Some provision should be made in this Act to prevent and punish such actions also if they culminate in child marriage. It is note worthy that a contravention of the provisions of the Act does not render the marriage invalid as the validity of the marriage is a subject beyond the scope of the Act. A marriage under the Hindu Law by a minor male is valid even though the marriage was not brought about on his behalf by the natural or lawful guardian.
The marriage under the Hindu Law is a sacrament and not a contract. The minority of an individual can operate as a bar to his or her incurring contractual obligations, but it cannot be an impediment in the matter of performing a necessary "Sanskara".
A minor s marriage without the consent of the guardian can be held to be valid on the application of the doctrine of factum valet. The general approach to family ties is communal, and people often act in the best interests of the community rather than based on their individual preferences.
Generally, children are expected to consult their parents on major life choices such as their education and marriage.
This consists of a husband and wife, their unmarried children, and their adult sons with their wives and children. The barhi provides economic stability and a form of social identity. The barhi is both patriarchal and patrilineal. Gender Roles Women tend to be in charge of household affairs.
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