Augustine Paul JC:

The issue for determination in this application is the person who can lawfully consent to the marriage of a person who has not completed his or her twenty-first year when the father of such person cannot be found.

CHS, the applicant, and her husband FCH are the natural parents of one FHL, a female, who was born on 1 January 1979. FCH left the matrimonial home in 1982 and cannot be found. FHL married one LEW in accordance with Chinese customary rites with the blessings of her mother, the applicant, on 3 September 1995. A dinner was held at the Pay Teck School Hall, Jalan Portugis on 3 September 1995 to celebrate the marriage. The dinner was hosted by the parents of LEW. FHL, is now expecting her first child and is desirous of having her marriage with LEW registered pursuant to the provisions of the Law Reform (Marriage and Divorce) Act 1976 ("the Act"). However, she is confronted with a problem. As she is under the age of 21 years the consent of her father is required before she can have her marriage duly registered under the Act. She is unable to get such consent as her father cannot be found. By this originating motion her mother, the applicant, prayed for an order that the requirement of the consent of FCH be dispensed with as it is impracticable to obtain his consent and that she be allowed to give the necessary consent. The applicant filed a certificate of urgency to have the motion heard on an urgent basis. The grounds advanced for an expedited hearing are that FHL is now six months pregnant and the couple wishes to have the marriage registered in order to ensure the legitimacy and inheritance rights of the child.

The requirement of consent where one of the parties is under the age of 21 years depicts legislative wisdom. As Bromley's Family Law, 8th edn says at p. 43 the purpose of obtaining such consent is:

... to prevent minors contracting unwise marriages. Doubtless in 1753 Parliament was primarily concerned to see that property did not get into the hands of undesirable suitors; today its object is to cut down the number of potentially unstable unions.

The requirement of consent for the marriage of a person under the age of 21 years is governed by s. 12 of the Act ("the section"). The section reads as follows:

(1) A person who has not completed his or her twenty-first year shall, notwithstanding that he or she shall have attained the age of majority as prescribed by the Age of Majority Act, 1971, nevertheless be required, before marrying, to obtain the consent in writing:

(a) of his or her father; or

(b) if the person is illegitimate or his or her father is dead, of his or her mother;

or

(c) if the person is an adopted child, of his or her adopted father, or if the adopted father is dead, of his or her adopted mother; or

(d) if both his or her parent (natural or adopted) are dead, of the person standing in loco parentis to him or her before he or she attains that age,

but in any other case no consent shall be required.

(2) Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or all those persons who could give consent under sub-section (1) are dead or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent was required by sub-section (1).

(3) An application to the High Court under this section shall be made to a Judge in chambers.

(4) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.

(5) Notwithstanding anything to the contrary in this Part consent to the marriage of a minor shall not be necessary if the minor has been previously married.

(6) There shall be no appeal from an order of a Judge under this section.

When the motion was called up for hearing in open court I asked l