The Marriage Act ( 1949 )

859 Words Oct 12th, 2015 4 Pages
According to the Marriage Act (1949), it provides for the restrictions on marriage, stating thus: “A marriage solemnized between persons either of whom is under the age of sixteen shall be void ”
Section 6 of the Marriage Act (1970) also requires that the marriage of any person under the age of eighteen must be with full consent .
Section 11 of the Matrimonial Causes Act states thus:
Nullity
(11) Grounds on which a marriage is void. A marriage celebrated after 31st July 1971 shall be void on the following grounds only, that is to say:
(a) that it is not a valid marriage under the provisions of [F11the [F12Marriage Acts 1949 to 1986]] (that is to say where:
… (ii) either party is under the age of sixteen …
It can be said that the lack of capacities and defective formalities which are known to the parties, makes the marriage incurably void and not appealable (as in the case of a voidable marriage which can be appealed) .
The Children’s Act (2004) provides thus:
The Children’s Commissioner is to be concerned in particular under this section with the views and interests of children so far as relating to the following aspects of their well-being-(a)physical and mental health and emotional well-being;
(b)protection from harm and neglect;
(c)education, training and recreation;
(d)the contribution made by them to society;
(e)social and economic well-being .
The Children and young Persons Act (2008) also makes similar provisions for the wellbeing of a child to be the duty of…

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