DR. AMBEDKAR AND THE HINDU CODE BILL 73
24. Guardianship in marriage. —(1) Subject to the provisions of Part IV, wherever the consent of a guardian in marriage is necessary under this Part 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.
Part IV sec. 22, page 19.
(4) The brother by full or half blood, a brother by full blood being preferred to one by half blood and as between brothers both by full or half blood, the elder being preferred;
(5) the paternal uncle by full or half blood, subject to the like rules of preference as are set out in entry (4) above;
(6) the maternal grandfather;
(7) the maternal uncle, subject to the like rules of preference as are set out in entry (4) above.
(8) any other relative, the nearer being preferred to the more remote and as between relatives related in the same way, subject to the like rules of preference as are set out in entry (4) above.
Explanation. —In determining which of the two relatives is nearer for the purposes of entry (8) above the test shall be, which of them is first entided to inherit to the ward’s heritable property according to the rules of intestate succession in Part VII.
(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 me guardian in marriage under the foregoing provisions refuses or is by reason of absence, disability or other cause, unable or unfit, to act as such, the person next in order shall be entitled to be the guardian.
(4) Nothing in this Part shall affect the jurisdiction of a court to prohibit by injunction an intended marriage arranged by the guardian, if in the interests of the minor, the court thinks it necessary to do so.
(24)