Bare ActsThe Tamil Nadu Aliyasantana Act, 1949

Section 3

In this Act, unlzss there is anything repugnant in the subject or conlext- (a) c6Aliyav

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In this Act, unlzss there is anything repugnant in the subject or conlext- (a) c6Aliyav.nf ana" meails i he system of inheritance in which descent is fraccd in thc fcm~.le line, but does not * incluie tth sysiern of inheribncc known as the Maru- mak&Y.taya.rn : (b) (i) "kw:r!u" used in rcldon to R fcmalc, mefins r he graup 3f pe:.sons colisisting oft h2.t terngale, her children and a11 her de~cend~nnts in 1 he female line ; (ii) "k~vdru", used in relation to a male, means the ;lQ.ivd.ru of tbc: inother o f that male ; (c) c6kutumbP means the group of per scns forming s joint family with coininuility of ptopert y gove~ ned by the Aliyr.santana Law of inhelitance. ; I (d), "maj ~ r " means s persoil who h9.s completed the age of elgh'een years ; (e) minor" mcans n pcsscln who has not comcleted 1 he 0.g~ of eighteen yzars ; Cf) G c nissanf hathi kzv2.1 u " means a kwitru which i s not a san'hqthi kwdru ; (g) ~'prescrib..d" mtans p:escrihd by luks made UIBdcr ~ S ' S A2! : ** (& ...~h;rhi k t~-:iu. E,:c'.s ;.. kiytgl; cf at least one m:mb:-r is a fims.le who hzs not c~mplered the age of fifty pzws ; (i) '(Yaj ~ m ~ n " mtans t ha oldest memlxr, male or female, of a k~rtumbz or kw,iru, as the case may be, in whom the right to manage its properties vests, or any other mcmbtr or mernbcr s i n whoem such r ighr is vesf ed by . family cdstom, con:rect, decree of ccurt or otherwise. : - - - ------- -_3 Thas3 wards wzre substituted for the word "Madras9* by the Tamil Nadu Adaptation of Laws O~der, 1969, as amended by the Tamil Nldu Araptation of Laws (S :co ~d Amendm3nt) Ord , h 1969, - * . me; 6 . .- +-*- -- - - , - - - - f . .- . - . - ...* ./ --- -- .- . - -- -- --- 7 - - - -- 4- s $ ( 1 - 5 j, , b. Ali~~santana 9 'CHAPTER 11. * . -. JIarriage and its Disso!ution. - " Save as provided in secfion 5, the conjugal union valid under the same community as the Act, to suc h community and antana Law or not, but purposes to be a legal marriage, if- (a) tho parties to the uqion are not related to each , ther in such degree of consanguinity or affinity that conju- 1 union between them is prohibited by any custom or * age of the commu~ity to which they belong ; and (i) was before the date on which this Act comes into force openly solemnized in accordance with the custo- mary ceremonies psevailit~g 91 the community to which the parties belong or recognized by tho community as a valid marriage ; or - (ii) is oponly solemnized on or after the date aforesaid and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors ; or arriage under the Malabar ef'ore the d'ate aforesaid, (2) A conjugal union between minors or between a minor and a major which would otherwise be a valid marriage under sub-section (I) shall not be deemed to be invalid merely on Lho ground that the consent of the guardians or guardian of such minors or minor was not obtained to the zlt~ion. - - 1 The Hindu Marriagc Act, 1955 (Cetllral Acl 25 af 1955), has an overriding eEcct over any other law infarce immediately befare the cammonccmen! of that Act in so far as it is inconsistent with any of the provisions of that Act-vide section 4 (b) thereof. But ~nder section 29 (2) af 1 he Central Act nothing contained in that Act shall be decmcd to affcc'r any right rccogniscd by custom or F n - ferred by any special enactment to abtain the dissolution af a Hlndu marriago whet her solemni sed before or aft c . the commencement of that Act, d 10 Aliyrsantana [1949: T.N. Act IX - (3) Notice of every marriage contracted on or after the date on which this Act comes into force shall be given by such person, to scch authority, in such form, and within + such time, as may be prescribed. Failure to give such otice shall be punishable with fine which may extend to failure shall not invalidate the marriage ights of the parties to, or the issue of, 9 riage ,5. During the continuance of a prior marriage which is con- valid under section 4, any marriage contracted by either of to on or afcer the date on which this Act . comes into force shall be void. which is valid under ,section 4 may be er I he dale on which this Act comes into (a) by a registered instrument of dissolution executed by the parties thereto ; or (6) by an order of dissolution as hereinafter provided: if either or both the parties is or am minors, the marriage shall not be dissolved until after the patty has become a major or both the parties have become majors, as the case may be. Nothing confained in this section shall be deem-d to invalidate any dissolution of the marriage effected before the date on which this Act comes into for(; -. i n accordance with the custom prevailing in co~nmanity to which the Rights of

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