The Hindu Marriage Act has no upper age limit, the Calcutta High Court ordered to amend the law

Hindu Marriage Act

There is no legal restriction on the marriage of a Hindu male between the ages of 18 and the day before his death. Because there is no upper age limit mentioned in the Hindu Marriage Act.

In this context, there is going to be a change in the law regarding the retirement benefits of the employees of the state’s Public Works and Urban Development Department as the ‘marriage’ after retirement is not recognized for family pension as per the West Bengal Municipal (Employees Death Cum Retirement Benefit) Rules, 2003.

In WPA 6545 of 2021, the Petitioner No. 1 Sri Ajit Kumar Saha married the Petitioner No. 2 at the age of 68 following the death of his first wife. He retired from the post of secretary of Panihati municipality. However, in accordance with the aforementioned law, he was unable to add his name as a wife to the retirement benefit document for the reasons previously mentioned.

As such, they approached the Calcutta High Court with this question. After a long hearing, Hon’ble Justice Amrita Sinha recently said that according to the Hindu Marriage Act there is no upper age limit for marriage. As a result, the pertinent law will be changed. In the hearing, the Additional Secretary of the Public Works and Urban Development Department said that Section 2(1)(g) of the Act, which was created in 2003, will be amended soon.

Find the Order Copy here:

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