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Women’s Charter 1961 · s 21A

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s 21AConsents required for licences for minors who have not previously married

(1)

The Registrar must not issue a marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:

(a)

the person consents to the marriage;

(b)

the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;

(c)

the Registrar —

(i)

is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and

(ii)

dispenses with the consent of the person.

(2)

The Minister must not grant a special marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:

(a)

the person consents to the marriage;

(b)

the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;

(c)

the Minister —

(i)

is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and

(ii)

dispenses with the consent of the person.

(3)

Where an application is made to the court for the purposes of subsection (1)(b) or (2)(b) —

(a)

notice of the application must be served on the person who refused to give consent;

(b)

the application must be heard in chambers; and

(c)

there is no appeal from the order of the court.

(4)

This section does not apply to a minor who —

(a)

was previously in a marriage that has been dissolved or annulled; or

(b)

is a widower or a widow.

(5)

In this section and the Second Schedule, “minor” means a person who is below 21 years of age.