+91 9003080256, 044-43192211 [email protected]

Mon-Sat 10 AM - 5.30 PM

emo civil marriage procedure in India

More
3 years 5 months ago #821

Civil Marriage Chennai Tamilnadu :
Civil Marriage in Tamilnadu India is a one of followed way of marrying. This article will explain the concept as well as the Civil Marriage procedure in simple steps.
Civil Marriages have been made possible by the Special Marriage Act, 1954 which provides for marriage by a civil ceremony between parties belonging to different religions or same regigions.
It is also preferred in case parties (even if belonging to the same religion) choose Civil Marriage over rituals and ceremonies.
The act provides with procedure for Civil Marriage , which is as follows.

Civil Marriage : Conditions
Chapter II, Section 4 states certain condition required for entering into such a marriage. They are:
• Neither party should have a spouse living
• Both the parties should be competent to give valid consent
• Male must have completed 21 years and female 18 years of age
• Neither of the parties should be unfit for marriage and procreation of children
• Parties should not be within degrees of prohibited relationship as provided in Schedule I, however if the customs and traditions of religion of any one of the parties permit so, then it shall be valid.
Procedure for Civil Marriage
The Civil Marriage procedure involves multiple steps.
Civil Marriage Procedure- Step 1

Notice/Application of intended marriage and publication
Notice to be given by whom? A notice in writing is to be given by parties to the marriage.
To whom should the notice be given? The notice is given to the Marriage officer of the district in which at least one of the parties must have resided for a 30 days immediately preceding the date when the notice is served.
What is the format of notice? Notice must be as per format provided in Schedule II of the act with documents attached as proof of age and residence. See below:


NOTICE OF INTENDED MARRIAGE
To
Marriage Officer for the ...........................District.
We 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 place dwelling if present dwelling place not permanent
Length of residence
AB(party) Unmarried
Widower
Divorcee
CD (Party) Unmarried
Widow
Divorcee
Witness our hands this ....................day of................19......
(Sd) AB
(Sd) CD”[1]

Publication of notice
Who publishes the notice? Marriage Officer of the district to whom the notice has been served publishes the notice.
Where is the notice published? At a conspicuous place in the office and one copy in the office of the district where (if) the other party permanently resides.

Civil Marriage Procedure- Step 2
No-Objection to Marriage
Who can raise the objection? Any person!
To whom objection is raised? Marriage officer of the concerned district.
What are the grounds of objection? Any one of the conditions stated above and specified in Chapter II, Section 4 of the act.
What are the consequences if objection(s) are accepted? Marriage officer must within 30 days from the date of objection inquire and if found true, marriage cannot be solemnized.
What is the remedy in case objection(s) have been accepted? an appeal can be filed by either party to the marriage.
To whom is the appeal filed? District Court within the local limits under which falls the jurisdiction of Marriage officer.
When can appeal be filed? Any time within 30 days from the date of refusal to solemnize marriage.
Civil Marriage Procedure- Step 3
Declaration
Who has to sign the declaration? Both the parties and witness (in presence of Marriage officer) and counter signed by Marriage Officer.
What is the content and format of declaration? It is as provided in Schedule III of the act.
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, A.B., hereby declare as follows:--
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.
(Sd.) 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 degree 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.
(Sd.) 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 impediment to the marriage.
(Sd.) G.H.
(Sd.) I.J. Three witnesses
(Sd.) K.L.
Countersigned E.F., Marriage Officer Dated the............... day of............... 19.....”[2]

Civil Marriage Procedure- Step 4
Choosing a Place and Form of marriage
Place of marriage: Either office of Marriage officer or any other place within a reasonable distance.
Form of marriage: Any form as the parties to the marriage choose but each party in presence of Marriage officer will have to say:
“I (party’s name) take the (other party’s name), to be my lawful wife (or husband)”

Civil Marriage Procedure- Step 5
Marriage Certificate
Marriage officer enter a certificate in the form specified in Schedule IV of the act in Marriage Certificate book. The certificate if signed by both the parties and three witness.
Such certificate if the conclusive evidence of the Civil Marriage .

CERTIFICATE OF MARRIAGE UNDER SPECIAL MARRIAGE ACT 1954
I, E.F., hereby certify that on the .....day of.... 19...., A.B. and C.D. (Herein give particulars of the parties) 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.
(Sd.) E.F.,
Marriage Officer for
(Sd.) A.B.,
Bridegroom
(Sd.) C.D.,
Bride
(Sd.) G.H.
(Sd.) I.J. Three witnesses
(Sd.) K.L.
Dated the ............... day of...............19.....

( This certificate applicable only for married couple)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
I, E.F., hereby certify that A.B. and CD.(Herein give particulars of the parties)appeared before me this..............day of...............19.....and that each of them, in my presence and in the 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...............19..... been registered under this Act, having effect as from.
(Sd.) E.F.,
Marriage Officer for
(Sd.) A.B.,
Husband
(Sd.) C.D.
Wife
(Sd.) G.H.
(Sd.) IJ. Three witnesses
(Sd.) K.L.
Dated the...............day of................19.....”[3]

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #829

Court marriages are also called civil marriages and are solemnized under Special Marriage Act. This Act provides the procedure for court marriages in India. The rules provided under this Act for court marriage applies to inter-religion marriages as well.Court marriages are also called civil marriages and are solemnized under Special Marriage Act.Indian court marriages are performed under the Special Marriage Act, 1954 and the marriage is held true between two Indians or a foreigner without any discrimination with regard to their religion and caste. These marriages are becoming popular with educated Indians who do not want to waste money on lavish celebrations. Couples who have fallen in love and are not allowed to get married by their parents, also prefer court marriages.

Court marriages are most secular form of marriage, as these are mediated by jurist and there is absence of rituals and traditions.The customs involved in court marriages in India are not religious in nature,rather they are more of a legal affair. As the couple registers the marriage with the government records,It is without any celebrations.One can celebrate after the court proceedings are fulfilled. 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, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.The couple has to approach the Sub-Divisional Magistrate of their region and carry documents like birth certificate, matriculation certificate or any other document that mentions the date of birth. Individual affidavits by the couple, proper application form and other requirements described in the Marriage Act of 1954 make the marriage legal after 30 days.Court marriages are fast catching up with the times, thanks to constitutional and legal support it enjoys. The couples who don't b want to spend a fortune for their weddings can opt for this type of marriage. Indian legal system has a list of safeguards to make these marriages more feasible.

The court marriages in India are different from the traditional Indian weddings. Couples go through a legal procedure to file documents and get their marriage certificate. The marriage becomes legalized after a 30-day notice. Celebrations and other things are decided by the couple after the marriage. It’s quite absurd to stick to old fashioned traditions where parents solely do the selection of life partner for their children and they have to follow each and every instructions. Girls did not enjoy any freedom and were forced to marry the one, her parents chose for her. Despite of the fact, in past we have popular love stories in India.With time more flexibility has been given to girls and now they are treated equal to boys. The society is more open minded and now showing tremendous change. More talking between the opposite sex opening the new era of marriage where percentage of love marriages in the country is rapidly increasing.In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

Under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #834

Can you explain about civil marriage procedure in Kerala,India.

I am currently working in Australia and my marriage have been planed to happen in November 2015. The bride is from pathinamthitta district and my native place is Kollam Kerala . Now i am coming to Kerala in the month of June for my engagement . So we planed to do marriage registration along with marriage registration.
My asked uncle to arrange marriage registration at the time of engagement and he inquired about the procedure in kollam registration office.
The process which they explained was very socking and unreasonable. They are asking NOC from bride district and they said it will take approximately 90 days for complete marriage registration process and to get marriage certificate. I don't know why they are taking so much time for just an marriage registration. I am coming for one week leave and i cannot wait up to 90 days.
what are the marriage laws in force in Chennai.
We both are Hindu so which act will apply for marriage registration in Kerala.

Same day court marriage in Chennai is simply super.
Let me know there is any possibility to complete marriage registration in Kerala same day like Tamilnadu?
Your service will be available in Kerala?
I heard that the marriage registration will take minimum 30 days in Tamilnadu too.
But how it is possible same day and it is possible to do our marriage registration in Chennai.?
We don't have any local address proof in Tamilnadu. So we can do it in Chennai?
How long it will take to complete registration?
Under which act our marriage will be registered ?
Whether It will be accepted by Kerala Govt. or not?

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #838

Both are Hindu and you must register your marriage in all over India only under Hindu marriage Act 1955 only.
Also you can register your marriage in your nearest state like Tamilnadu and Karnataka. Find the act for ready reference.

hindu marriage Act 1955

Hindu Act
Collected by the All India Christian Council,THE HINDU MARRIAGE ACT, 1955 ACT NO. 25 OF 1955 1* [18th May, 1955.]

An Act to amend and codify the law relating to marriage among Hindus. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:-

1. Short title and extent.(1) This Act may be called the HinduMarriage Act, 1955.

(2) It extends to the whole of India except the State of Jammu and Kashmir,and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

2. Application of Act.

(1) This Act applies-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.-The following persons are Hindus, Buddhists,Jainas or Sikhs by religion, as the case may be :-

(a) any child, legitimate or illegitimate, both of whose

parents are Hindus, Buddhists, Jains or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is Hindu, Buddhist, Jaina or Sikh by religion and who is



1 The Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7- 1965) by Reg. 6 of 1963, s. 2 and Sch. I and to Pondicherry (w.e.f.

Amended in Tamil Nadu by T.N.Act 21 of 1967.


brought up as a member of the tribe, community, group or family to which such parent belongs or belonged ; and

(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

3. Definitions.

In this Act, unless the context otherwise requires,-

(a). the expressions "custom" and "usage" signify anyrule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(b) "district court" means, in any area for which there is a city civil court, that 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;

(c) "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;

(d) "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.-In clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother;

(e) "prescribed" means prescribed by rules made under this Act;

(f) (i) "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;

(ii) two persons are said to be "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;

(g) "degrees of prohibited relationship"-two persons are said to be within the "degrees of prohibited relationship"--

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other ; or

(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) 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 (f) and (g), relationship includes-

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood ; and all terms of relationship in those clauses shall be construed accordingly.

4. Overiding effect of Act.

Save as otherwise expressly provided in this Act,-

(a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before (Hindu marriages.) the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before thecommencement of this Act shall cease to have effect in so faras it is inconsistent with any of the provisions contained inthis Act.

HINDU MARRIAGES

5. Conditions for a Hindu marriage.

5. A marriage may be solemnized between any two hindus, if thefollowing conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of themarriage

1[(ii)at the time of the marriage, neither party-

(a)is incapable of giving a valid consent to it inconsequence of unsoundness of mind; or

(b)though capable of giving a valid consent, has beensuffering from mental disorder of such a kind or to suchan extent as to be unfit for marriage and theprocreation of children; or

(c)has been subject to recurrent attacks of insanity orepilepsy;]

(iii) the bridegroom has completed the age of 2[twentyoneyears] and the bride the age of 2[eighteen years] at thetime of the marriage;

(iv.) the parties are not within the degrees ofprohibited relationship unless the custom or usage governingeach of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless thecustom or usage governing each of them permits of a marriagebetween the two.

6. Guardianship in marriage.

[Guardianship in marriage.] Rep.by Act 2 of 1978, s. 6 and Sch. (w.e.f. 1-10-1978).


1 Subs, by Act 68 of 1976, s. 2, for cl. (ii).2 Subs. by Act 2 of 1978, s. 6 and Sch., for "eighteen years" and"fifteen years" respectively (w.e.f. 1-10-1978).3 Cl. (vi) omitted by s. 6 and Sch., ibid. (w.e.f. 1-10-1978).


7. Ceremonies for a Hindu marriage.

(1) A Hindu marriage may besolemnized in accordance with the customary rites and ceremonies ofeither party thereto.

(2) Where such rites and ceremonies include the saptapadi (thatis, the taking of seven steps by the bridegroom and the bride jointlybefore the sacred fire), the marriage becomes complete and bindingwhen the seventh step is taken.

8. Registration of Hindu marriages.

(1) For the purpose offacilitating the proof of Hindu marriages, the State Government maymake rules providing that the parties to any of such marriage may havethe particulars relating to their marriage entered in such manner andsubject to such conditions as may be prescribed in a Hindu MarriageRegister kept for the purpose.

(2) Notwithstanding any thing contained in sub-section (1), theState Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained In this section, the validity of any Hindu marriage shall in no way be affected by the Collected by the All India Christian Council, www.christiancouncil.in Page 6 of 20 omission to Make the entry,

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

9. Restitution of conjugal right.

1*** 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 land 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.


1 The brackets and figure "(1)" omitted by Act 68 of 1976, s. 3.


1[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.] 2* * * * *

10. Judicial separation.

(1)Either patty to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2)

thereof, as grounds on which a petition for divorce might have been presented.]

(2) Where a decree for judicial separation has been passed, it shall no longer be 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.

NULLITY OF MARRIAGE AND DIVORCE

11. Void marriages.

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 4[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

12. Voidable marriages.

(1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds,namely:-

5[(a) that the marriage has not been consummated owing to the importance of the respondent ; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5 ; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[was required under


1 Ins. by Act 68 of 1976, s.3.

2 Sub-section (2) omitted by s. 3, ibid.

3 Subs. by s. 4. ibid., for sub-section (1).

4 Ins. by s. 5, ibid.

5 Subs. by s. 6, ibid, for cl. (a).

6 subs. by Act 2 of, 1978, s. 6 and Sch. for certain words (w.e.f. 1-

10-1978).


section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978], (2 of 1978) the consent of such guardian was obtained by force 1[or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or

(d) that the respondent was at the time of the marriage

pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no

petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section

(1) shall be entertained if-

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be,the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent,lived with the other party to the marriage as husband or wife-after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d)

(1) shall be entertained unless the court is satisfied-

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

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 2[the said ground].

13. Divorce.

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the


1 Subs. by Act 68 of 1976, s. 6, for "or fraud".

2 Subs. by s. 6, ibid., for "the grounds for a decree".


husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

1[(i) has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or 1[(iii) 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 other party, and whether or not it require or is susceptible to medical treatment; or]

(iv) has 2* * * been suffering from a virulent and incurable from of leprosy; or

(v) has 2* * * been suffering from venereal disease in a communicable from ; or

(vi) has renounced the world by entering any religious order; or

(vii) 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 it, had that party been alive.


1 Subs. by Act 68 of 1976, s. 7. for the former cl.

2 Certain words omitted by s. 7, ibid


1[Explanation.-In this sub-section, the expression "desertion" means the 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.]

3* * * * * * * * *

4[ (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[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 5[one

year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition ; or

(ii).that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[bestiality; or]

7[(iii) that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, (78 of 1956.) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974.) (or under the


1 Ins. by Act 68 of 1976, s. 7.

2. The word "or" at the end of cl. (vii) omitted by Act 44 of 1964, s.

3 Cls. (viii) and (ix) omitted by s. 2, ibid.

4 Ins. by s. 2, ibid.

5. Subs. by Act 68 of 1976, s. 7, for "two years".

6. Subs. by s. 7, ibid., for "bestiality".

7. "Ins. by s. 7, ibid.


corresponding section 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;

(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation.-This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.] (68 of 1976.)

1[13A. Alternate relief in divorce proceedings. In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, 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. 13B. Divorce by mutual consent. (1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) 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 thy 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 court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]


1 Ins. by Act 68 of 1976 s. 8.


No petition for divorce to be presented within one year of marriage. 14. No petition for divorce to be presented within one year of marriage. (1)Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment Collected by the All India Christian Council, www.christiancouncil.in Page 12 of 20 of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[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 1[expiration of the said one year] upon the same or substantially the same facts as those alleged 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 1[expiration of one year] from the date of the marriage, the 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 1[said one year].

15. Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such 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 it shall be lawful for either party to the marriage to marry again.

2* * * * *

16. Legitimacy of children of void and voidable marriages.

Notwithstanding that a marriage is null and void under section 11, 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.


1 Subs. by Act (68 of 1976. s. 9 for certain words.

2 Proviso-omitted by S. 10, ibid.

3 Subs. by s. 11, ibid for s. 16.


(Amendment) Act, 1976, (68 of 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 section 12, 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 had 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 section 12, 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 acquiring any such rights by reason of his not being the legitimate child of his parents.]

17. Punishment of bigamy.

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living ; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.

18. Punishment for contravention of certain other conditions for a Hindu marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) 1[and (v) ] of section 5 shall be punishable-

(a) in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;

2***

3* * * * *


1 Subs. by Act 2 of 1978. s. 6 and Sch., for "(v) and (vi)" (w.e.f. 1-

10-1978).

2 The word "and" omitted by s. 6 and Sch.. ibid. (w.e.f. 1-10-1978).

3 Cl. (c) omitted by s. 6 and Sch, ibid. (w.e.f. 1-10-1978).


JURISDICTION AND PROCEDURE

19. Court to which petition shall be presented.

Every petition under this Act shall be presented to the district court within the local limits of whose ordinary 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 or more by those persons who would naturally have heard of him if he were alive.]

20. Contents and verification of petitions.

(1)Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded 2 [and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every petition under this Act 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.

21. 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. 3[21A.(1) Power to transfer petitions in certain cases- Where-

(a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and


1 Subs. by Act 68 of 1976, s. 12, for section 19.

2 Subs. by s. 13, ibid., for "and shall also state".

3 Ins. by s. 14, ibid.


(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for adecree of divorce under section 13 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 petitions 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 clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 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, 21B. 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 clay 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. 21C. Documentary evidence. Notwithstanding anything 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.] 1[22. 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.]

23. Decree in proceedings.

(1)In any proceeding under this Act, whether defended or not, if the court is satisfied that- (a) any of the grounds for granting relief exists and the petitioner 2[except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or subclause (c) of clause (ii) or section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and (b) where the ground of the petition is the ground specified or 3* * * in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 2[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (C) 4[the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and


1 Subs. by Act 68 of 1976, s. 15, for s. 22.

2 Ins. by s. 16, ibid.

3 Certain words omitted by s. 16, ibid.

4 Subs. by s.16, ibid.,for "the petition".


(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why 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, 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 : 1[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii) of sub-section (1) of section 13.] 2[ (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.] 3[23A. 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 a 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.]

24. Maintenance Pendente lite and expenses proceedings.

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent


1 Added by Act 68 of 1976, s. 16.

2 Ins. by s. 16. ibid.

3 Ins. by s. 17, ibid.


income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband,

order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the

respondent, it may seem to the court to be reasonable.

25. Permanent alimony and maintenance.

(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 1*** pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, 2[the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the 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 the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 2[it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

26. Custody of children.

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem 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 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


1 The words "while the applicant remains unmarried" omitted by Act 68 of 1976, s. 18.

2 Subs. by s. 18, ibid., for certain words.


proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

Collected by the All India Christian Council, www.christiancouncil.in Page 19 of 20 27. Disposal of property.

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, Which may belong jointly to both the husband and the wife.

28. Appeals from decrees and orders.

(1)All decrees made by the court in any proceeding under this Act 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 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.

(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 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 exercise of its original civil jurisdiction.

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

28A. Enforcement of decrees and orders. All decrees and orders made by the court in any proceeding under this Act 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.]

SAVINGS AND REPEALS

29. Savings.

(1)A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.


1 Subs. by Act 68 of 1976, s. 19.


Collected by the All India Christian Council, www.christiancouncil.in Page 20 of 20

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954 (43 of 1954.)

with respect to marriages between Hindus solemnized under that Act,

whether before or after the commencement of this Act.

30. [Repeals.] Repealed by the Repealing and Amending Act, 1960

(58 of 1960), s. 2 and the First Schedule.

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #839

Court marriage procedure in Kerala

The special Marriage Act 1954
The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special Marriage Act 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; this Act extends who are outside the said territories.
Solemnization of special Marriages
A marriage between any two persons may be solemnized under this Act provided the following conditions are satisfied. Namely: -
1. Neither party has a spouse living
2. Neither party is an idiot or a lunatic
3. The male must have completed the age of twenty-one years and female the age of eighteen years.
4. The persons seeking to marry must not be within the degrees of prohibited relationship.
Notice of Intended Marriages
Both the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given. A fee of Rs. 30/- has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing. The notice may be presented before the marriage officers by both parties in person or by registered post. In the later case a fee of Rs. 30/- for notice charge should be sent by Money Order. The Performa for the notice is given separately. (Please see Notice of Intended Marriage)
Solemnization of marriage
The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form. The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A fee of Rs. 100/- has to be paid for solemnization. Certificate will be issued on stamp paper if Rs. 10/- produced by the parties on payment of Rs. 20/-
Registration of marriages celebrated in other forms
These provision deals with the registration of marriages already are celebrated in forms other than the special marriage Act. The following conditions should be satisfied for the registration of marriages
1. The couple must have been married in some other forms and they must have been living as husband and wife ever since such marriage.
2. Neither party has more than one spouse living.
3. Neither party is an idiot or lunatic.
4. The parties should complete 21 years of age at the time of registration.
5. Both the parties should reside within the jurisdiction of the Marriage Officer for a period of 30 days.
Marriage Registration
On receipt of application signed by both the parties and also after publication of notice the marriage will be registered on the expiry of the notice period of 30 days. Certificate will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses.
A fee for Rs. 100/-has to be paid for registration. Certificate will be issued on stamp paper if Rs. 10/- produced by the parties on payment of Rs. 20/-

Please Log in or Create an account to join the conversation.

More
3 years 5 months ago #840

There are two procedures to register marriage in India. The first is to marry first as per the custom of any religion and then arrange for the marriage registration. The second way is to register your marriage first in the court, which is called registered marriage. It is not necessary to give any prior notice to the court in case you select the first method of registration. You have to submit the application in the prescribed forms that are available in all marriage registrar offices, situated in all the cities. It is required to get this form signed by the priest who has performed the marriage along with the signatures of the bride and the bridegroom. Some of the marriage photographs and the printed invitation cards for the marriage are required to be attached certifying that the marriage has actually taken place. The minimum age of the boy should be 21 years and the age of the girl should be 18 years in India for a legal marriage. Once this application form duly signed by all is submitted, the marriage certificate shall be issued to you within the period of around 2 days. Make sure to issue at least 6 to 8 certified copies of marriage certificate as it would be necessary to submit such certificate at various places like banks, insurance companies, and consulates for visa issuance purpose. Though, such certificate is generally issued in the regional language, insist to get such certificate in English as the certificate in English shall be considered valid at the international level for foreign travel purposes. Some nominal fees of around Rs.10 per copy are charged by the marriage registrar office for issuing the marriage certificate. This procedure is quite simple and you can easily get your marriage certificate within a short period of around 7 days of your marriage without any major hassle.

The second procedure of actually doing the marriage in the court is quite complicated and needs the help of a lawyer. In this case, you are required to submit your willingness to marry in writing at least one month in advance along with the birth certificates of both boy and a girl, the proof of the address for both, 6 passport size photographs of each, and couple of well known witnesses from both the sides. Moreover, both the boy and the girl must have stayed in that local area for at least last one month. The court will then put the names of the boy and a girl who want to marry on the court notice board for the period of one month. If anybody has any objections to this marriage, they can register their objections in writing with the specific reasons to the court. In that case, if the court feels that the reasons are valid, such marriages are not registered. If no objection is registered within a period of one month, the boy and the girl can go to the court on the thirty first day with their witnesses and do the marriage registration in front of the marriage registrar by signing in the record register. The marriage certificate shall be issued thereafter. As you can see, this second procedure of marriage registration is slightly complicated, time consuming, and may need some legal help. This procedure is generally selected in case the parents of the boy or a girl are not in agreement of the marriage.

Some precautions are required in issuing the marriage certificate. Both the names of the boy and the girl must be exactly spelled same as per passport. As otherwise, it will create legal complications at a later date at the time of issuing the visa for traveling abroad. The marriage date, place, and the time also must be specified very clearly and should be the same in all the documents.

Please Log in or Create an account to join the conversation.