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emo court marriage procedure in chennai,Tamilnadu

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3 years 7 months ago #820

I think the court marriage will come under special marriage Act 1954 and the procedure will be same all over India

Read this Court Marriage procedure and understand how to do in Tamilnadu Also.

INTRODUCTION OF COURT MARRIAGE IN INDIA

Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.

ESSENTIAL CONDITIONS FOR COURT MARRIAGE

There should not be subsisting valid marriage of either of the parties with any other person.
The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
The parties should not fall within the degree of prohibited relationship.

PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE HINDUS

The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

DOCUMENTS REQUIRED FOR COURT MARRIAGE

Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

REGISTRATION OF MARRIAGE IN CASE BOTH THE PARTIES BELONG TO DIFFERENT RELEGIONS :
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954.

DOCUMENTS REQUIRED FOR COURT MARRIAGE:

Application form duly signed by both the parties.
Documentary evidence of date of birth of parties.
Residential proof of both the parties.
Two passport size photographs of both the parties]
Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past.

PROCEDURE:

The parties need to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL
A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:
At least one of the parties should be an Indian citizen.
The bride groom must be 21 years of age; the bride must be 18 years of age.
Neither party has a spouse living,
Neither party is an idiot or a lunatic,
The parties are not within the degrees of prohibited relationship
Each party involved should not have any other subsisting valid marriage.

DOCUMENTS REQUIRED:

Application form duly signed by both the parties.
Documentary evidence of date of birth of parties.
Copy of Passport of both the parties with valid Visa.
Residential Proof of both the parties.
Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

PROCEDURE:

The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
All the documents are verified at the Office of Marriage Registrar.
The law of other nation shall not be in conflict with Indian laws.
The notice is then published inviting objection to the marriage, if any.
If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
The marriage shall be solemnized in the presence of at least three witnesses.
Further the Marriage Certificate is entered and is granted by the Marriage Registrar.

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3 years 7 months ago #823

court marriage procedure in Delhi

A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.

Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.

Registration of Marriages which have already been solemnised.
Solemnisation of Marriage under Special Marriage Act
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
The First Schedule [Degree of Prohibited Relationship]

Registration of Marriages which have already been solemnised.

Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day.Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?

Application form duly signed by both husband and wife.
Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
Ration card of husband or wife whose area SDM has been approached for the certificate.
In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).
Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
Two passport size photographs of both the parties and one marriage photograph.
Marriage invitation card, if available.
If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
Rs. 100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.
Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships Click here.
Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).
All documents excluding receipt should be attested by a Gazetted Officer.

Q. What will be the criteria used while deciding my case?

A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.
B) Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties alongwith three witnesses are required to be present on the date of registration.
Q. What are the relevant Forms?

Click here for Application Form for registration of marriage under Hindu Marriage Act.
Click here for Application Form for registration of marriage under Special Marriage Act.
Click here for Identification Certificate a)any person having PAN of income Tax (OR) b) any officer/official of Central or State govt. or UT Administration or PSU/Autonomous bodies whose identity can be established
Click here for Affidavit
Q. When will I get a response?

You should be getting a response normally within 15 days in case of registration of marriage under Hindu Marriage Act and 60 days under Special Marriage Act.

Solemnisation of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.
Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 Noon on any working day. Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?

Application form duly filled and signed by the bride and the groom.
Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.
Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).
Separate affidavits from bride and groom giving:
Date of birth.
Present marital status: unmarried/widower/ divorcee.
Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Q. What will be the criteria used while deciding my case?

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.
Q. What are the relevant Forms?

Click here for relevant Form

Q. When will I get a response?

You should be getting a response normally within 60 days.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

"Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
Section 3 (g):

"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –
if one is a lineal ascendant of the other; or
if one was the wife or husband of a lineal ascendant or descendant of the other; or
if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

"Degrees of prohibited relationship" – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.
Explanation (I) – Relationship includes, --

relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) – "Uterine blood" – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) – In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;

THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]
PART – I

Mother.
Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mothers’s father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter.
Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.
PART – II
Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.

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3 years 7 months ago #824

All the court marriages will be registered under Special Marriage Act, 1954 only. Find the act for ready reference.

Special Marriage Act, 1954

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:

1. Short title, extent and commencement- (1) This Act may be called the Special Marriage Act, 1954.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir.
(3) It shall come into force on such date, i.e.1st January, 1955 as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise, requires,-
(a) (* * * *) Omitted
(b) "degrees of prohibited relationship" - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedules are within the degrees of prohibited relationship.

Explanation I.- Relationship includes,-
a) relationship by half or uterine blood as well as by full blood:
b) illegitimate blood relationship as well as legitimate;
c) relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.
Explanation II.- "Full blood" and "half blood"- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation III.- "Uterine blood"- two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation IV.-In Explns. II and III. "ancestor" includes the father and "ancestress" the mother;

(d) "district", in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of Sec.3;

(e) "District Court" means, in any area for which there is a City Civil Court, and in any other area, the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act:

(f) "prescribed" means prescribed by rules made under this Act;
(g) "State Government", in relation to a Union territory, means the Administrator thereof.

Solemnization of Special Marriages
4. Conditions relating to solemnization of special marriage.-
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:

(a) Neither party has a spouse living:
(b) neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship: and

(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.

Explanation- In this section, "customs, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:

Provided that no such notification shall be issued in relation to the members of any tribes, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;
(ii) that such rule is certain and not unreasonable or opposed to public policy; and
(iii) that such rule is applicable only to a family, has not been discontinued by the family.

5. Notices of intended marriage.- When a marriage is intended to be solemnized under this Act, the parties of the marriage shall give notice thereof in writing in the Form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

6. Marriage Notice Book and publication.-(1) The Marriage Officer shall keep all notices given under Sec. 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under Sec. 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

7. Objection to marriage.- (1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of Sec. 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in Sec.4.

(2)After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of Sec. 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).

(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.

8. Procedure on receipt of objection.- If an objection is made under Sec. 7 to an intended marriage the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdraw by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the Court.

9. Powers of Marriage Officers in respect of inquiries.- (1)For the purpose of any inquiry under Sec.8, the Marriage Officer shall have all the powers vested in a Civil Court under the Code of Civil Procedure, 1908(5 of 1908), when trying a suit in respect of the following matters, namely:

(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents;
(d) reception of evidence on affidavits; and
(e) issuing commissions for the examination of witnesses;and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of Sec.193 of the Indian Penal Code(45 of 1960).

2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs, by way of compensation not exceeding one thousand rupees, and award the whole, or any part thereof to the parties to the intended marriage, and any order of costs so made may be executed in the same manner as a decree passed by the District Court within the local limits of whose jurisdiction the Marriage Officer has his office.

10. Procedure on receipt of objection by Marriage Officer abroad.-
Where an objection is made under Sec.7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer shall act in conformity with the decision of the Central Government.

11. Declaration by parties and witnesses.- Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

12. Place and form of solemnization.- (1) The marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payments of such additional fees as may be prescribed.

2) The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnessess and in any language understood by the parties,- "I (A) take thee (B), to be my lawful wife (or husband)".

13. Certificate of marriage.-(1) When the marriage has been solemnized the Marriage Officer shall enter a certificate thereof in the Form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

14. New notice when marriage not solemnized within three months.-Whenever a marriage is not solemnized within three calender months from the date on which notice thereof has been given to the Marriage Officer as required by Sec. 5 or where an appeal has been filed under sub-section (2) of Sec.8, within three months from the date of the decision of the District Court on such appeal or where the record of a case has been transmitted to the Central Government under Sec.10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

CHAPTER III
Registration of Marriage Celebrated in other forms
15. Registration of marriages celebrated in other forms.-
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration:
(d) the parties have completed the age of twenty-one year at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:

Provided that in case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

16. Procedure for registration.- Upon receipt of an application signed by both the parties to the marriage for the registration of their under this chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in Sec. 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the Form specified in the Fifth Schedule and such certificate shall be signed by the parties to the marriage and by three witnesses.

17. Appeals from orders under Sec. 16.- Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of order, appeal against that order to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

18. Effect of registration of marriage under this Chapter.-

Subject to the provisions contained in sub-section (2) of Sec.24 where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

CHAPTER IV
Consequences of Marriage under this Act

19. Effect of marriage on member of undivided family- The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec. 19, any person whose marriage is solemnized under this Act, shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies.

21. Succession to property of parties married under Act.-

Notwithstanding any restrictions contained in the Indian Succession Act,1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.

21-A. Special provision in certain cases .- Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19 and 21 shall not apply and so much of Sec. 20 as creates a disability shall also not apply.

CHAPTER V
Restitution of Conjugal Rights and Judicial Separation
22. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other the aggrieved party may apply by petition to the District Court for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

23. Judicial separation.-(1) A Petition for judicial separation may be presented to the District Court either by the husband or the wife.-

(a) on any of the grounds specified in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition for divorce might have been presented;or

(b) on the grounds of failure to comply with a decree for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the Court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the Court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition rescind the decree if it considers it just and reasonable to do so.

CHAPTER VI
Nullity of Marriage and Divorce

24. Void marriages.- (1) Any marriage solemnized under this Act shall be null and void (and may, on a petition presented by either party thereto against the other party, be so declared) by a decree of nullity if-

(i) any of the conditions specified in Cls.(a),(b), (c) and (d) of Sec. 4 has not been fulfilled : or

(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under the Act within the meaning of Sec. 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in Cls.(a) to (e) of Sec. 15:

Provided that no such declaration shall be made in any case where an appeal has been preferred under Sec.17 and the decision of the District Court has become final.

25. Voidable marriages.- Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-

(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage ;or

(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):

Provided that in the case specified in Cl.(ii) the Court shall not grant a decree unless it is satisfied-

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(b) that proceedings were instituted within a year from the date of the marriage; and

(c) the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of existence of the grounds a decree :

Provided further that in the case specified in Cl.(iii), the Court shall not grant a decree if,-

(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or

(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or as the case may be, the fraud had been discovered.

26. Legitimacy of children of void and voidable marriages.-

(1) Notwithstanding that a marriage is null and void under Sec. 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws(Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Sec.25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Sec. 25, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or requiring any such rights by reason of his not being the legitimate child of his parents.

27. Divorce.-(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-

(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation- In this Clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent and whether or not it requires or is susceptible to medical treatment; or
(f) has been suffering from venereal disease in a communicable form; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive;

Explanation- In this sub-section, the expression "desertion" means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1-A) A wife may also present a petitioner for divorce to the District Court on the ground.-

(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

(ii) that in a suit under Sec. 18 of the Hindus Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec. 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.

(2) Subject to the provisions of the Act and to the Rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970, may present a petition for divorce to the District Court on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

27-A. Alternate relief in divorce proceedings- In any proceeding under this Act, on a petition for a dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the ground mentioned in Cl. (h) of sub-section (1) of Sec. 27, the Court may, if it considers it just so to do, having regard to the circumstances of the case, pass instead a decree for judicial separation.

28. Divorce by mutual consent.-(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the avertments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

29. Restriction on petitions for divorce during first three years after marriage.-(1) No petition for divorce shall be presented to the District Court unless at the date of the presentation of the petition one year has passed since the date of entering the certificate of marriage in the Marriage Certificate Book:

Provided that the District Court may, upon application being made to it allow a petition to be presented before one year has passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the District Court at the hearing of the Petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the District Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the expiration of the said one year upon the same or substantially the same facts, as those proved in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the District Court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

30. Re-marriage of divorced persons- Where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, either party to the marriage may marry again.

CHAPTER VII
Jurisdiction and Procedure

31. Court to which petition should be made.- (1) Every petition under Chapter V or Chapter VI shall be presented to the District Court within the local limits of whose original civil jurisdiction-

(i) the marriage was solemnized; or

(ii)the respondent, at the time of the presentation of the petition resides; or

(iii) the parties to the marriage last resided together; or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he was alive.

(2) Without prejudice to any jurisdiction exercisable by the Court under sub-section (1), the District Court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident , therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

32. Contents and verification of petitions.- (1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded and shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and may, at the hearing, be referred to as evidence.

33. Proceedings to be in camera and may not be printed or published.- (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

34. Duty of Court in passing decrees.-(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the Court if satisfied that,-

(a) any of the grounds for granting relief exists; and

(b) where the petition is founded on the ground specified in Cl.(a) of sub-section (1) of Sec. 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and

(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and

(d) the petition is not presented or prosecuted in collusion with the respondent; and

(e) there has not been any unnecessary or improper delay in instituting the proceedings; and

(f) there is no other legal ground why the relief should not be granted; then, and in such a case, but not otherwise, the Court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties :

Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in Cls.(c), (e), (f), (g) and (h) of sub-section (1) of Sec.27.

(3) For the purpose of aiding the Court in bringing about such reconciliation, the Court may, if the parties so desire or if the Court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days, and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been effected and the Court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties.

35. Relief for respondent in divorce and other proceedings.-- In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make counter-claim for any relief under this Act on that ground, and if the petitioner's adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.

36. Alimony pendente lite.-- Where in any proceeding under Chapter V or Chapter VI it appears to the District Court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the Court to be reasonable.

37. Permanent alimony and maintenance.--(1) Any Court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband's property, such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as having regard to her own property, if any, her husband's property and ability, the conduct of the parties and other circumstances of the case it may seem to the Court to be just.

(2) If the District Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the Court to be just.

(3) If the District Court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the Court may deem just.

38. Custody of children.-- In any proceeding under Chapter V or Chapter VI the District Court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.

39. Appeals from decrees and orders.--(1) All decrees made by the Court in any proceeding under Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceeding under this Act under Sec.37 or Sec.38 shall subject to the provisions of Sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of the costs only.

(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

39-A. Enforcement of decrees and orders.-- All decrees and orders made by the Court in any proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction for the time being are enforced.

40. Application of Act 5 of 1908.-- Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

40-A. Power to transfer petitions in certain cases.--(1) Where--

(a) a petition under this Act has been presented to the District Court having jurisdiction by a party to the marriage praying for a decree for judicial separation under Sec.23 or for a decree of divorce under Sec.27, and

(b) another petition under this act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under Sec.23, or for decree of divorce under Sec.27 on any ground whether in the same District Court or in a different District Court, in the same State or in a different State.

the petition shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies.--

(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court :

(b) if the petitions are presented to different District Courts the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented.

(3) In a case where Cl. (b) of sub-section (2) applies, the Court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the District Court in which the later petition has been presented to the District Court in which the earlier petition is pending shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

40-B. Special provision relating to trial and disposal of petitions under the Act.-(1) The trial of a petition under this Act shall so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

40-C. Documentary evidence.-- Notwithstanding anything contained in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

41. Power of High Court to make rules regulating procedure.--(1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for.--

(a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be excused from doing so:

(b) the awarding of damages against any such co-respondent,

(c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto :

(d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions ; and

(e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869 (4 of 1869).

42. Saving.-- Nothing contained in this Act shall affect the validity of any marriage not solemnized under its provisions; not shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage.

43. Penalty on married person marrying again under this Act.-- Save as otherwise provided in Chapter III, every person who, being at the time married procures a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under Sec. 494 or Sec. 495 of the Indian Penal Code 1860 (45 of 1860), as the case may be, and the marriage so solemnized shall be void.

44. Punishment of bigamy.-- Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in Secs.494 and 495 of the Indian Penal Code, 1860 (45 of 1860) for the offence of marrying again during the lifetime of a husband of wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate.-- Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in Sec.199 of the Indian Penal Code, 1860 (45 of 1860).

46. Penalty for wrongful action of Marriage Officer.-- Any Marriage Officer who knowingly and willfully solemnizes a marriage under this Act,--

(1) without publishing a notice regarding such marriage as required by Sec.5 ; or

(2) within thirty days of the publication of the notice such marriage; or

(3) in contravention of any other provision contained in this Act, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection--(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.

48. Transmission of copies of entries in marriage records.-- Every Marriage Officer in a State shall send to Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and in the case of Marriage Officers outside the territories to which this Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

49. Correction of errors.--(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married, or in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under Sec. 48 to the Registrar-General or other authority the Marriage Officer shall make and send in the like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

50. Power to make rules.--(1) The Central Government, in the case of officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction;

(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure therefore:

(c) the form and manner in which any books required by or under this Act shall be maintained:

(d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;

(e) the manner in which public notice shall be given under Sec. 16:

(f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of Sec.48:

(g) any other matter which may be or requires to be prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legislature.

51. Repeals and savings.-(1) The Special Marriage Act, 1872 (3 of 1872), and any law corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before the commencement of this Act are hereby repealed.

(2) Notwithstanding such repeal.-

(a) all marriages duly solemnized under Special Marriage Act, 1872 (3 of 1872) or any such corresponding law shall be deemed to have been solemnized under this Act:

(b) all suits and proceeding in causes and matters matrimonial which, when this Act comes into operation, are pending in any Court shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in Sec. 6 of the General Clauses Act, 1897 (10 of 1897) which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.

THE FIRST SCHEDULE
(See Sec.2 (b))

Degree of Prohibited Relationship

1. Mother
2. Father's widow (step-mother)
3. Mother's mother
4. Mother's father's widow (step grand-mother)
5. Mother's mother's mother
6. Mother's mother's father's widow (step-great-grandmother)
7. Mother's father's mother
8. Mother's father's father's widow (step-great-grandmother)
9. Father's mother
10. Father's father's widow (step-grandmother)
11. Father's mother's mother
12. Father's mother's father's widow (step-great-grandmother)
13. Father's father's mother
14. Father's father's father's widow (step-great-grandmother)
15. Daughter
16. Son's widow
17. Daughter's daughter
18. Daughter's son's widow
19. Son's daughter
20. Son's son's widow
21. Daughter's daughter's daughter
22. Daughter's daughter's son's widow
23. Daughter's son's daughter
24. Daughter's son's son's widow
25. Son's daughter's daughter
26. Son's daughter's son's widow
27. Son's son's daughter
28. Son's son's son's widow
29. Sister
30. Sister's daughter
31. Brother's daughter
32. Mother's sister
33.Father's sister
34. Father's brother's daughter
35. Father's sister's daughter
36. Mother's sister's-daughter
37. Mother's brother's daughter

Explanation.- For the purposes of this Part, the expression "widow" includes a divorced wife.
PART II
1. Father
2. Mother's husband (step-father)
3. Father's father
4. Father's mother's husband (step-grandmother)
5. Father's father's father
6. Father's father's mother's husband (step-great-grandfather)
7. Father's mother's father
8. Father's mother's mother's husband (step-great-grandfather)
9. Mother's father
10. Mother's mother's husband (step-grandfather)
11. Mother's father's father
12. Mother's father's mother's husband (step-great-grandfather)
13. Mother's mother's father
14. Mother's mother's mother's husband(step-great-grandfather)
15. Son
16. Daughter's husband
17. Son's son
18. Son's daughter's husband
19. Daughter's son
20. Daughter's daughter's husband
21. Son's son's son
22. Son's son's daughter's husband
23. Son's daughter's son
24. Son's daughter's daughter's husband
25. Daughter's son's son
26. Daughter's son's daughter's husband
27. Daughter's daughter's son
28. Daughter's daughter's daughter's husband
29. Brother
30. Brother's son
31. Sister's son
32. Mother's brother
33. Father's brother
34. Father's brother's son
35. Father's sister's son
36. Mother's sister's son
37. Mother's brother's son

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3 years 7 months ago #827

The actual events might study any kind of events for that solemnization of the relationship however, many specific thank you's tend to be authorized prior to the relationship official as well as he is able to sign-up the actual relationship. The actual behave offers the actual wedding associated with diplomatic as well as consular officials. The actual relationship officials solemnize as well as sign-up partnerships in between people associated with Indian inside a faraway nation.The Unique Relationship Behave had been recommended to supply a unique type of relationship for just about any person within Indian as well as just about all Indian native nationals within international nations without having discerning their own the actual faith or even belief went after through possibly celebration towards the relationship. In which the relationship certification helps is actually regarding the partner operating as well as residing abroad on the function enable or even long-term home visa as well as desires his / her partner to become listed on her or him. Absolutely no international embassy or even consulate grants or loans visa to some partner without having evidence within the type a wedding certification. Within instances associated with separation and divorce, lawful splitting up, alimony, or even custody of the children associated with kids, legal courts might insist upon viewing the actual relationship certification.Whilst enrollment underneath the Unique Partnerships Behave may be standard for several years right now, it had been not really required with regard to Hindu partnerships before Best Courtroom decreed this lately. Advantages could be made clear the following: * Certification associated with relationship is advantageous within obtaining the visa for that wife/husband. Ceremonial Relationship isn't identified by international embassies within Indian as well as International Nations outdoors Indian. For that evidence of relationship within international embassies within Indian as well as International Nations outdoors Indian, you must have Relationship Enrollment Certification. Whilst trying to get Partner VISA, the actual international Embassies request Relationship Enrollment Certification. * Certification associated with relationship is really a record which supplies useful proof of relationship. Within the unsatisfied conditions associated with conflicts between your partners associated with separation and divorce, dowry, upkeep along with other instances, Relationship Enrollment Certification supply safety towards fake refusal associated with relationship through possibly from the partners. * It will likely be useful within declaring the financial institution debris or even Life insurance coverage advantages once the depositee or even the actual Insurance provider passes away with no nomination or else. * Certification associated with relationship is really a record supplying interpersonal protection, self-confidence especially amongst hitched ladies. Most significant Court Marriage guidelines within Indian is actually how the few who wish to choose courtroom relationship shouldn't be a small meaning each guy as well as lady shouldn't be under eighteen years old. Usually individuals who wish to proceed overseas or even support individuals who've in order to publish their own partner particulars along with government bodies choose courtroom relationship within Indian. The Indian native courtroom relationship within Delhi as well as Indian is known as unique relationship behave, 1954.Court Marriage within Indian has been regarded as the lawful evidence of relationship as well as provide numerous privileges alive buddies. Indian native courtroom relationship laws and regulations tend to be forced as well as adopted purely. Individuals ought to know which courtroom relationship laws and regulations within Indian tend to be rigid as well as you will find restrictions or even eligibility that individuals need to satisfy during the time of trying to get court marriage within Indian.

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3 years 7 months ago #828

Court marriage a journey

People who select the court marriage in Delhi find the procedure of court marriage in India quite easy as the long term benefits are also associated with it. Keeping in mind this fact the services related to court marriage Delhi have created great demand.Marriage is the purest form of bring two soul together. And to make this happen we have two form of marriages in India. One is arrange marriage and the second one is love marriage broadly known as court marriage.Marriage has always been a favorable innovation in India but quite sadly, things doesn’t work properly for the one who is in love and want to do love marriage.Otherwise you can take the help of the legal literature of explaining complete procedure for court marriage in India and court marriage process. There is another way to know the process of court marriage in India and it is the internet. Over the internet you will find content relating to procedure for court marriage in India. This content is updated on a timely basis thus you will get the latest amendments too.

* Notice must be given by the bride and bridegroom to the Marriage Officer of the district, with one of them residing immediately previous to the notice for atleast 30 days.
* Marriage Officer records the notice and sends a copy to the Marriage Officer of the District.
* 30 days time is given for any person to raise any objections to the intended marriage.
* From the date of receipt of any objections, the Marriage Officer should enquire into the same, within 30 days.
* If the objections are found valid, either party to the intended marriage may appeal to the District Court, whose decision shall be binding.
* In case there is no objection or the objection is rejected, the parties with 3 witnesses sign in presence of the Marriage Officer, declaring they are unmarried and are not related within prohibited degrees.
* The marriage is then solemnized in any form which parties choose to adopt. The form must have the following declaration by each party to the effect; "I take thee to be my lawful wife (or husband)." The parties and 3 witnesses then sign the certificate of solemnization. This certificate is conclusive certificate of solemnization.
* The solemnization should be completed within 3 months from the date of notice, failing which the notice lapses and a new notice needs to be issued.

Therefore, any marriage under the Special Marriage Act is a Civil Marriage by registration.There are some conditions to be fulfilled under this act.Special Marriage Act allows any two individuals to marry, irrespective of their religion, caste and nationality. It even applies to people living abroad, with Indian nationality. Neither party should have a living husband or wife.
* Neither party should be a lunatic or insane.
* The bridegroom should not be less than 21 years of age whereas the bride must be 18 years old.
* The parties should not be involved in any prohibited relationship.
* Both parties should be the citizens of and domiciled within the territories mentioned in the Act.

The process of court marriage in India is quite simple and thus the number of people who follow procedure for court marriage in India are also increasing day by day. The reason behind the huge success of court marriages in a country like India is their wide applicability.Court marriage as you can say, it’s solemnized under the Special Marriage Act, 1954. All such marriages can take place between any two Indian citizens or one Indian citizen with a foreigner irrespective of their religion, caste or creed, and you can say this is the secular form of marriage available in India.

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3 years 7 months ago #844

ACTS AND RULES: OTHER ACTS
SPECIAL MARRIAGE (KARNATAKA) 1RULES, 1961

NOTIFICATION
No. HD. 13MCIM 59(1), dated Bangalore 2nd May 1961 (Vaisakha 12, Saka Era 1983).

In exercise of the powers conferred by Sec. 50 of the Special Marriage Act, 1954 (Central Act. 43 of 1954) the Government of Karnataka hereby makes the following Rules:-

1. 1) These Rules may be called the Special Marriage Karnataka Rules, 1961.

2) They shall extend to the whole of the State of Karnataka.

2. In these Rules :-

a. Act means the special Marriage Act, 1954 (Central Act 43, of 1954)

b. Form means a form appended to these Rules;

c. Section means a section of the Act.

3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.

4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

bound volume, the pages of which are machine numbered consecutively with a nominal index attached. If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present or returned to them by post for rectification and retransmission within a date to be fixed. Every item of rectification shall be attested by both the parties.

(4) The marriage officer may for purpose of satisfying himself that the parties of the intended marriage have attained the age specified in clause (c) of section, 4, require them to produce their Birth Certificate or other satisfactory evidence of age.

5) A true copy of the notice under the seal and signature of the Marriage officer shall be exhibited in a conspicuous place in his office.

6) (1) Where an objection to the solemnization of an intended marriage together with the fee prescribed in rule 10 has been received and recorded by the Marriage Officer, he shall, unless by an order in writing rejects the objection summarily on the ground that the objection is not based on contravention of any of the conditions specified in sec. 4, enquire into the objection on a day to be fixed by him. The day so fixed shall not be later than thirty days from the date of the objection.

(2) The Marriage officer shall, at the time of recording the objection, ascertain from the objector whether he has any documents on which he relies or whether he desires any witness or witnesses to be examined on his behalf. If the objector states that he has, the Marriage officer shall require the objector to produce the documents or the witnesses on the day fixed for the enquiry. If the objector desires that summons shall be issued to the witnessee to appear and give evidences or to produce any document, the Marriage officer shall issue such a summons to the witnesses cited, on payment of the process fee prescribed therefor in rule 10 and the reasonable expenses of travelling and subsistence allowance to the witnesses. The enquiry relating to the objection including the production of documents and the examination of witness shall be completed and the decision of the marriage officer arrived at within the period of thirty days specified in section 8. If, within the prescribed period the documents are not produced and the witnesses do not appear before the marriage officer, the marriage officer shall take a decision without waiting for the production of such documents or the appearance of such witnesses.

(3) The marriage Officer shall also give notice of the date and time fixed for the enquiry to the parties to the intended marriage.

(4) The notice or summons to any party or witness under this rule shall be in Form I or Form II, as the case may be and shall be sent by registered post therefor.

(5) On the date fixed for the enquiry or an any adjourned date, the marriage officer shall record in his own hand the evidence given in the course of the enquiry, his decision on the objection and the reasons therefor.

7) (1) An application under sec. 16 for the registration of a marriage celebrated in other forms shall be in Form III.

(2) Such application shall be presented to the Marriage officer by any one of the parties in persons or sent to him by registered post.

(3) Notice of the application under sub-rule [1] shall be given by the Marriage Officer by exhibiting a true copy thereof under his seal and signature in a conspicuous place outside his office. The notice also shall state that objections, if any, to the registration of the Marriage should be preferred by the objector in person orally or in writing to the Marriage Officer within thirty days from the date on which the notice is exhibited.

(4) Any objection received with in the said period together with the fee prescribed therefor in rule 10 shall be recorded and the enquiry in respect thereto made as nearly as possible in the manner prescribed in rules 6.

8) The Marriage Officer may, on application by both the parties to the marriage, solemnize the same at any place outside his office provided the additional fee prescribed therefor in rule 10 is paid and the hour is not unreasonable.

9) The Marriage Certificate Book shall be a bound volume the pages of which are machine numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and the date, month and year in which the certificate was entered.

10) The following fees shall be levied by the Marriage Officer :-

Rs. ps
(i)
for every notice of intended marriage or application for the registration of a marriage (to be paid by the parties to the Marriage)

3-00
(ii) for recording an objection (to be paid by the objector) 2-00
(iii) for every enquiry into an objection (to be paid by the objector) 50-00
(iv)
for every notice and for every summons to a witness to appear and give evidence or produce a document [to be paid by the objector]

0-50
(v)
for solemnizing or registering a marriage [to be paid by the parties to the marriage]

10 - 00
(vi)
for a certified copy of an entry:-
a) in the Marriage Notice Book other than an entry relating to an objection; or
b) in the Marriage Certificate Book (to be paid by the applicant)



2 - 00

(vii)
for a certified copy of an entry in Marriage Notice Book other than a notice or any other proceeding not already provided for (to be paid by the applicant.

2 - 00
(viii)
for solemnizing a marriage at any place outside the office of the Marriage officer in addition to the fee in entry (v) (to be paid by the parties to the marriage)

Note:- This fee may be appropriated by the Marriage Officer no travelling allowances shall, however, be claimed in addition.



15 - 00

(ix)
for making a search (to be paid by the applicant):-
(a) If the entry is of the current year
(b) If the entry related to any previous year or years (for each such year)

The fees prescribed above shall be paid either in person or remitted by money order to the Marriage Officer.

A receipt duly signed by the Marriage Officer shall be issued for all fees received by him under the Act and the Rules. The receipt books shall be bound volumes of one hundred leaves each with folios and counter foils which shall be machine numbered consecutively. All money received by the marriage Officer except the fee mentioned in entry (viii) above shall be remitted into the local treasury.


0-50
1-00

11. Copy of entries in the Marriage certificate Book which Marriage Officer are required to send under section 48 to the Registrar-General of Births, deaths and Marriages shall be certified in Form IV and shall be sent at intervals of three months on or as early as possible after the 1st of January, April, July and October in each year. If no entries have been made in the book during the proceeding three months, a nil certificate shall be sent to the said Registrar General.

12. The Bombay Special Marriage Rules, 1955, as in force in the Bombay area, the Coorg Special Marriage Rules 1955 as in force in the Coorg District, the Hyderabad special Marriage Rules, 1955 as in force in the Hyderabad area, the Madras Special marriage Rules as in force in the Madras Area and the Mysore special Marriage Rules, as in force in the Mysore area, as hereby repealed :

Provided that the provisions of Section 6 of the General Clauses Act, 1897, (Central Act of 1897), shall be applicable as regards the effects of the repeal of the said rules:

Provided further that anything done or any Action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of these rules :

Form i

See. Rule 6 (4)

notice

(Place)

Before the Marriage Officer in the matter of the special Marriage Act 1954.

In the matter of the intended Marriage between.

between : Application to register the Marriage

AB

and

CD (Give names and Address)

and

EF

OBJECTOR

To.............................

whereas notice of an Intended marriage an application for the registration of the marriage between AB and CD was received by the Marriage Officer on.....................

Whereas EF has preferred certain objections (Setout overleaf) to the Solemnization of the marriage; whereas the Marriage Officer ................. registration.

Will hold an enquiry into the matter of the said objections on ...................... day of ......................19...................... A.M./P.M on the said day together with all documents on which you relay and any witness or withnesses whom you may desire to be examined on your behalf.

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

(Set-Out the objections on the reverse of this notice) should you apprehend that your witness will not attend unless summoned by the Marriage Officer, you should apply to the Marriage Officer for the issue of such summons sufficiently early together with the prescribed process fee and the reasonable expense of travelling and subsistence allowance of the witness.

Given under my hand and seal

Station :

Date : Signature

Marriage Officer (Seal)

Form II

(see. Rule 6 (4)

Summons to Witness

Before the Marriage Officer .......................... (place) in the matter of the Special Marriage Act, 1954, and in the matter of the intended Marriage between/application to register the Marriage between :

AB

CD (Give names and addresses)

and

EF

objector

To

...............................................

whereas your attendance is required to give evidence on behalf of ................................. in the above matter, you are here by required to appear personally before me or to cause to be produced before me the document specified hereunder on the ........................... day of ......................19 A.M/P.M. A sum of Rs. ....................................... being your travelling and other expenses for one day is herewith sent.

If you fail to comply with this summons without lawful>

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

Given under my hand and seal.

Station : (Seal) Marriage Officer.

Date :

FoRm III

( See. Rule 7 (1) )

Application for Registration of a Marriage Under Sec. 15 of The Special Marriage Act, 1954 (Central Act 43 of 1954)

1. Name of the parties AB[husband]

2. Age or date of Birth CD (wife)

Husband.

Wife

3. Permanent dwelling place, if any,

4. Present dwelling place.

5. Relationship, if any, of parties before marriage.

6. A ceremony of marriage was performed between AB and CD on ............. at ....................and AB declare that we have been living together as husband and wife ever since the date noted above.

We hereby declare that:-

(i) Neither of us has more than one spouse living on the date mentioned in this application.

(ii) Neither of us, is an idiot or lunatic.

(iii) Both of us have completed the age of twenty one years on the date of this application.

(iv) We are not within the degree of prohibited relationship; our marriage was celebrated before the commencement of the Special Marriage Act, 1954 (Central Act 43 of 1954) and according to law, custom or usage having the force of law, governing each of us, a marriage between us is permitted, though we are within the degrees of prohibited relationship according to the act as aforesaid.

NOTE : Score out whichever is not applicable.

(v) We have been residing within the jurisdiction of .............................Marriage Officer at .................... for a period of not less than thirty days immediately preceeding the date of this application.

We also declare that all the above particulars are true to the best of our knowledge and belief.

Station :

Date : Signature.

FORM IV

FORM OF CERTIFICATE

Certificated that the above entries from the marriage certificate Book in this office bearing serial No. ....................................are true copies of all the entries in the Marriage Certificate Book kept by me for the three months ending.

or

Certified that no entries have been made in the Marriage Certificate book in this office during the three months ending....................................

Signature

Marriage Officer.

By Order and in the Name of the Governor of Karnataka.

Sd/-

Under Secretary to Government

Home Department

hree months - Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been field under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.
TOP

CHAPTER III

Registration of Marriages Celebrated in Other Forms

15. Registration of marriages celebrated in other forms -Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (III of 1872) or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely :-

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

(c) neither party is an idiot or a lunatic at the time of registration.

(d) the parties have completed the age of twenty-one years at the time of registration;

(e) the parties are not within the degrees of prohibited relationship:

Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) The parties have been residing with the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

16. Procedure for registration -Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, theMarriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received with that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

17. Appeals from orders under section 16 -Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

18. Effect of registration of marriage under this Chapter : Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respect be deemed to be and always to have been the legitimate children of their parents :

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

19. Effect of marriage on member of undivided family :The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

20. Rights and disabilities not affected by Act - Subject to the provisions of section 19, any person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850) applies.

21. Succession to property of parties married under Act -Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 1925) with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Pursi Intestate) had been omitted therefrom.

21A. Special provision in certain cases - Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section21 shall not apply and so much of section 20 as creates a disability shall also not apply.

CHAPTER V

MISCELLANEOUS

x x x x x

43. Penalty on Married person marrying again under this Act- Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.

44. Punishment of bigamy - Every person whose marriages is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate- Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to the true shall be guilty of the offence described in section 199 of the Indian Penal Code (45 of 1860).

46. Penalty for wrongful> Any marriage officer who knowingly and wilfully solemnizes a marriage under this Act-

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision contained in this Act.

Shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection - (1) The Marriage Certificate Book kept under this Act shall, at all reasonable times, be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application be given by the Marriage Officer to the applicant on payment by him of the 1prescribed fee.

48. Transmission of copies of entries in marriage records :-Every Marriage Officer in a State shall send to Registrar - General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and , in the case of Marriage Officers outside the territories to which the Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

49. Correction of errors -(1) Any Marriage officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or in case of their death or alience in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration f the original entry and shall sign the marginal entry and add there to the date - alternated of such correction and the Marriage Officer shall make the like marginal entry in the Certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under section 48 to the Registrar - General or other authority, the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

1. Stamp duty exempted to issue copy of extract certified to be true copy. Please see statutory exemption granted in Article 21 of the schedule to the Karnataka Stamp Act, 1957.

THE FIRST SCHEDULE

[See section 2(b) Degrees of Prohibited relationship]

PART - 1

1. Mother

2. Fathers Widow (Step-Mother)

3. Mothers mother

4. Mothers Fathers widow (Step grand-mother)

5. Mothers mothers mother

6. Mothers mothers fathers widow (Step great grand-mother)

7. Mothers fathers mother

8. Mothers fathers fathers widow (step great grand - mother)

9. Fathers mother

10. Fathers Fathers widow (Step grand-mother)

11. Fathers mothers mother

12. Fathers mothers fathers widow (step great grand-mother)

13. Fathers fathers mother

14. Fathers fathers fathers widow (step great grand-mother)

15. Daughter

16. Sons widow

17. Daughters daughters.

18. Daughters Sons widow

19. Sons daughter

20. Sons Sons widow

21. Daughters daughters daughter

22. Daughters daughters sons widow

23. Daughters sons daughter

24. Daughters sons sons widow

25. Sons daughters daughter

26. Sons daughters sons widow

27. Sons Sons daughter

28. Sons sons sons widow

29. Sister

30. Sisters daughter

31. Brothers daughter

32. Mothers sister

33. Fathers sister

34. Fathers brothers daughter

35. Fathers sisters daughter

36. Mothers sisters daughter

37. Mothers brothers daughter

Explanation :- For the purposes of this Part, the expression Widow includes a divorced wife.

PART - II

1. Father

2. Mothers husband (step-father)

3. Fathers father

4. Fathers mothers husband (step grand-father)

5. Fathers fathers father

6. Fathers fathers mothers husband (step great grand-father)

7. Fathers Mothers father

8. Fathers mothers mothers husband (step great grand-father)

9. Mothers father

10. Mothers mothers husband (step grand-father)

11. Mothers fathers father

12. Mothers fathers mothers husband (step great grand-father)

13. Mothers mothers father

14. Mothers mothers mothers husband (step great grand-father)

15. Son

16. Daughters husband

17. Sons son

18. Sons daughters husband

19. Daughters son

20. Daughters daughters husband

21. Sons sons son

22. Sons sons daughters husband

23. Sons daughters son

24. Sons daughters daughters husband

25. Daughters sons son

26. Daughters sons daughters husband

27. Daughters daughters son

28. Daughters daughters daughters husband

29. Brother

30. Brothers son

31. Sisters son

32. Mothers brother

33. Fathers brother

34. Fathers brothers son

35. Fathers sisters son

36. Mothers sisters son

37. Mothers brothers son.

Explanation :- For the purposes of this Part, the expression husband includes a divorced husband.

THE SECOND SCHEDULE

(See Section 5)

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the .................................................. District.

We are hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name

Condition

Occupation

Age

Dwelling Place

Permanent Dwelling Place if dwelling Place not permanent

Length of residence

A.B. Unmarried
Widower
Divorcee
CD. Unmarried
Widow
Divorcee

Witness our hands this .................................................. day of ........................20......

(Signature) A.B.

(Signature) C.D.

THE THIRD SCHEDULE

(See Section 11)

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follow :-

1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).

2. I have completed.............. years of age.

3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Signature) A.B.(the Bridegroom)

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows :-

1. I am at the present time unmarried (or a widow or a divorcee, as the case may be)

2. I have completed..........years of age.

3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship

4. I am aware that, if any statement is this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Signature) C.D. (the Bride).

Signed in our presence by the above-named A.B. and C.D. so far as we are aware there is no lawful>

(Signature) G.H.

(Signature) I.J. Three witnesses.

(Signature) K.L.

Countersigned E.F.,

Marriage Officer.

Dated the ............................................... day of ................................... 20.........

THE FOURTH SCHEDULE

(See section 13)

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the ........................... day of .................... 20............, A.B. and C.D. * appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Signature) E.F.,

Marriage Officer for

(Signature) A.B.,

Bridegroom

(Signature) C.D.,

Bride

(Signature) G.H.

(Signature) I.J. Three witnesses

(Signature) K.L.

Dated the ................................................... day of ............................... 20.......................

* Herein give particulars of the parties.

THE FIFTH SCHEDULE

(See Section16)

CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I, E.F., hereby certify that A.B. and C.D.* appeared before me this...............................day of ......................... 20.............. and the each of them, in my presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this............. day of .......................................... 20.......................... been registered under this Act, having effect as from.

(Signature) E.F.,

Marriage Officer for

(Sd.) A.B.,

Husband

(Sd.) C.D.

Wife

(Sd.) G.H.

(Sd.) I.J. Three witnesses

(Sd.) K.L.

Dated the.................................................. day of ..................... 20................

* Herein give particulars of the parties.

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