Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
all appropriate measures
to eliminate discrimination
against women in all matters
relating to marriage and
family relations and shall
ensure the same right to
women:
accordance with the customary rites and ceremonies.14
(a) To enter into marriage;
5. The Special Marriage Act, 1954:
(b) To freely choose a
spouse;
a) Section 4 - Conditions relating to solemnization of marriage
between any two persons irrespective of their religion, including
age of marriage i.e. the bridegroom has completed the age of
twenty-one years and the bride the age of eighteen years at the
time of the marriage;
(c) And responsibilities
during marriage and at its
dissolution;
(d) And responsibilities as
parents, irrespective of their
marital status, in matters
relating to their children,;
(e) To decide freely and
responsibly the number of
children and spacing of their
children;
(f) And responsibilities
with regard to guardianship,
trusteeship, adoption of
children;
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c)
Section 13- Provides the grounds for divorce.15
d)
Section 13-B- Divorce by mutual consent.16
e) Section 26- Court may pass such interim orders and make
such provisions as it may deem just and proper with respect to the
custody, maintenance and education of minor children.17
b)
Section 27- Provides the grounds for divorce
c)
Section 28- Divorce by mutual consent
d) Section 38- Court may pass such interim orders and make
such provisions as it may deem just and proper with respect to the
custody, maintenance and education of minor children.
6. Indian Divorce Act, 1869 Law relating to marriage and divorce
governing Christians:
i)
Section 10 - Grounds for dissolution of marriage
ii)
Section 10A - Dissolution of marriage by mutual consent.
iii) Sections 41to 44 - Court may pass such interim orders and
make such provisions as it may deem proper with respect to the
custody, maintenance and education of minor children.
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
legislations relating to
marriage.
G3: The Dissolution of
Muslim Marriages Act,
1939, dealing with the
rights of Muslim women
to seek dissolution of her
marriage, does not provide
for important conditions
relating to marriage like age
of marriage and custody
of children etc. [CEDAW A.
16(2)]
R3: Endeavours should be
made to provide for the
conditions of marriage
including age of marriage,
custody of children and
other related matters in the
legislation.
G4: Only father (not mother)
is the natural guardian as
per Section 6 of The Hindu
Minority and Guardianship
Act, 1956. [CEDAW A. 16(1)(f)]