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; 73 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)]

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