Who can give consent for the marriage of a minor?
Circumstances | Person or persons whose consent is required |
The minor was born to wedded parents | |
Both parents are living
a) If parents are living together
b) If parents are divorced or separated by order of the Court or by agreement
c) If one parent has been deserted by the other
d) If both parents have been deprived of custody of minor by order of the Court |
Both parents are required to give consent. The parents’ consent must be accompanied by supporting documents.
Consent to marry must be given by either: - The parent who was granted custody over the minor, or - Both parents if the custody of the minor was granted to one parent during a part of the year and to the other parent for the rest of the year.
Parent’s consent must be accompanied by supporting documents.
- Consent to marry must be given by the parent who has been deserted. Parent’s consent must be accompanied by supporting documents.
- Consent to marry must be given by the person to whom the custody of the minor was granted by order of the court. The consent to marry must be accompanied by supporting documents.
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One parent had passed on
a) If a legal guardian has been appointed by the deceased parent
b) If there is no legal guardian appointed by the deceased parent |
If the surviving parent and legal guardian act jointly, then both must give consent for the minor to get married. If either the surviving parent or legal guardian is the sole guardian of the minor, then only the sole guardian must give consent for the minor to get married. The consent to marry must be accompanied by supporting documents.
The surviving parent must give consent for the minor to get married. The consent must be accompanied by supporting documents.
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Both parents had passed on | The legal guardians or guardian appointed by the deceased parents or by the Court under the Guardianship of Infants Act 1934 must give consent for the minor to get married. The consent to marry must be accompanied by supporting documents.
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The minor was born out of wedlock | |
The mother of minor is alive | The mother of the minor must give her consent for the minor to get married. If she has been deprived of custody of the minor by Court order, the person to whom the custody has been committed by Court order, must give his or her consent for the minor to get married. The consent to marry must be accompanied by supporting documents.
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The mother of the minor had passed on | The legal guardian who was appointed by the minor’s mother or the Court, must give his or her consent for the minor to get married. The consent to marry must be accompanied by supporting documents.
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The minor was adopted | |
If the father, mother, legal guardian or guardian of the adopted child is not available or does not give his consent | If the minor was adopted, the adoptive parent has to give his or her consent for the minor to get married. The consent to marry must be accompanied by supporting documents.
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