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Matrimonial Property Act, 1984 (Act No. 88 of 1984)

Chapter IV : General Provisions

34. Insertion of section 24A in Act 25 of 1961

 

 

The following section is hereby inserted in the Marriage Act, 1961(Act No. 25 of 1961), after section 24:

 

24A. Consequences and dissolution of marriage for want of consent of parent or guardian—

(1) Notwithstanding anything to the contrary contained in any law or the common law a marriage between person of whom one or both are minors shall not be void merely because the parents or guardian of the minor, or a commissioner of child welfare whose consent is by law required for the entering into of a marriage, did not consent to the marriage, but may be dissolved by a competent court on the ground of want of consent if application for the dissolution of the marriage is made—
(a) by a parent or guardian of the minor before he attains majority and within six weeks of the date on which the parent or guardian becomes aware of the existence of the marriage; or
(b) by the minor before he attains majority or within three months thereafter.

 

(2) A court shall not grant an application in terms of subsection (1) unless it is satisfied that the dissolution of the marriage is in the interest of the minor or minors.”.