The Hindu Marriage Act – Guardianship In Marriage

Section 6 – Guardianship in marriage

1. Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent shall be the following in the order specified hereunder, namely:-
   1. the father;
   2. the mother;
   3. the paternal grandfather;
   4. the paternal grandmother;
   5. the brother by full blood; as between brothers the elder being preferred;
   6. the brother by half blood; as between brothers by half blood the elder being preferred:
      Provided that the bride is living with him and is being brought up by him;
   7. the paternal uncle by full blood; as between paternal uncles the elder being preferred;
   8. the paternal uncle by half blood; as ‘between paternal uncles by half blood the elder being preferred:
      Provided that the bride is living with him and is being brought up by him;
   9. the maternal grandfather;
   10. the maternal grandmother;
   11. the maternal uncle by full blood; as between maternal uncles the elder being preferred:
       Provided that the bride is living with him and is being brought up by him.
2. No person shall be entitled to act as a guardian in marriage under the provisions of this section unless such person has himself completed his or her twenty-first year.
3. Where any person entitled to be the guardian in marriage under the foregoing provisions refuses, or is for any cause unable or unfit, to act as such, the person next in order shall be entitled to be the guardian.
4. In the absence of any such person as is referred to in sub-section (1), the consent of a guardian shall not be necessary for a marriage under this Act.

5. Nothing in this Act shall affect the jurisdiction of a court to prohibit by injunction an intended marriage, if in the interests of the bride for whose marriage consent is required, the court thinks it necessary to do so.