Create README.md
Browse files
README.md
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|
| 1 |
+
THE HINDU MARRIAGE ACT, 1955
|
| 2 |
+
(Act 25 of 1955)[18th May, 1955]
|
| 3 |
+
An Act to amend and codify the law relating to marriage among Hindus.
|
| 4 |
+
Preliminary
|
| 5 |
+
1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act,
|
| 6 |
+
1955.
|
| 7 |
+
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to
|
| 8 |
+
Hindus domiciled in the territories to which this Act extends who are outside the said territories.
|
| 9 |
+
2. Application of Act.- (1) This Act applies,-
|
| 10 |
+
(a) to any person who is a Hindu by religion in any of of its forms or developments, including a
|
| 11 |
+
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
|
| 12 |
+
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
|
| 13 |
+
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim,
|
| 14 |
+
Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been
|
| 15 |
+
governed by the Hindu law or by any custom or usage as part of that law in respect of any of the
|
| 16 |
+
matters dealt with herein if this Act had not been passed.
|
| 17 |
+
Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case
|
| 18 |
+
may be,-
|
| 19 |
+
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
|
| 20 |
+
Sikhs by religion;
|
| 21 |
+
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh
|
| 22 |
+
by religion and who is brought up as a member of tribe, community, group or family to which such
|
| 23 |
+
parents belongs or belonged; and
|
| 24 |
+
(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
|
| 25 |
+
(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply
|
| 26 |
+
to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the
|
| 27 |
+
Constitution unless the Central Government, by notification in the Official Gazette, otherwise
|
| 28 |
+
directs.
|
| 29 |
+
(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person
|
| 30 |
+
who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of
|
| 31 |
+
the provisions contained in this section.
|
| 32 |
+
3. Definitions.- In this Act, unless the context otherwise requires,-
|
| 33 |
+
(a) the expression "custom" and "usage" signify any rule which, having been continuously and
|
| 34 |
+
uniformally observed for a long time, has obtained the force of law among Hindus in any local
|
| 35 |
+
area, tribe, community, group or family:
|
| 36 |
+
Provided that the rule is certain and not unreasonable or opposed to public policy;
|
| 37 |
+
and
|
| 38 |
+
Provided further that in the case of a rule applicable only to a family it has not been discontinued
|
| 39 |
+
by the family;
|
| 40 |
+
(b)"District Court" means, in any area for which there is a City Civil Court, that Court, and in any
|
| 41 |
+
other area the principal Civil Court of original jurisdiction, and includes any other civil court which
|
| 42 |
+
may be specified by the State Government, by notification in the Official Gazette, as having
|
| 43 |
+
jurisdiction in respect of matters dealt with in this Act;
|
| 44 |
+
(c)"full blood"and "half blood"- two persons are said to be related to each other by full blood when
|
| 45 |
+
they are descended from a common ancestor by the same wife and by half blood when they are
|
| 46 |
+
descended from a common ancestor but by different wives;
|
| 47 |
+
(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they
|
| 48 |
+
are descended from a common ancestor but by different husbands.
|
| 49 |
+
Explanation.- In Clauses (c) and (d) "ancestor" includes the father and "ancestress" the mother;
|
| 50 |
+
(e)"prescribed" means prescribed by rules made under this Act;
|
| 51 |
+
(f)(i)"Sapinda relationship" with reference to any person extends as far as the third
|
| 52 |
+
generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line
|
| 53 |
+
of ascent through the father, the line being traced upwards in each case from the person concerned,
|
| 54 |
+
who is to be counted as the first generation;
|
| 55 |
+
(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within
|
| 56 |
+
the limits of sapinda relationship, or if they have a common lineal ascendant who is within the
|
| 57 |
+
limits of sapinda relationship with reference to each of them;
|
| 58 |
+
(g)"degrees of prohibited relationship " - two persons are said to be within the "degrees of
|
| 59 |
+
prohibited relationship"-
|
| 60 |
+
(I) if one is a lineal ascendant of the other; or
|
| 61 |
+
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
|
| 62 |
+
(iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's
|
| 63 |
+
or grandmother's brother or the other; or
|
| 64 |
+
(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and
|
| 65 |
+
sister or of two brothers or of two sisters.
|
| 66 |
+
Explanation.- for the purposes of clauses (f) and (g) relationship includes-
|
| 67 |
+
(I) relationship by half or uterine blood as well as by full blood;
|
| 68 |
+
(ii) illegitimate blood relationship as well as legitimate;
|
| 69 |
+
(iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses
|
| 70 |
+
shall be construed accordingly.
|
| 71 |
+
4. Overriding effect of Act.- Save as otherwise expressly provided in this Act.-
|
| 72 |
+
(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of that law in force
|
| 73 |
+
immediately before the commencement of this Act shall cease to have effect with respect to any
|
| 74 |
+
matter for which provision is made in this Act;
|
| 75 |
+
(b) any other law in force immediately before the commencement of this Act shall cease to have
|
| 76 |
+
effect in so far as it is inconsistent with any of the provisions contained in this Act.
|
| 77 |
+
Hindu Marriages
|
| 78 |
+
5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus,
|
| 79 |
+
if the following conditions are fulfilled, namely:
|
| 80 |
+
(i) neither party has a spouse living at the time of the marriage;
|
| 81 |
+
(ii) at the time of the marriage, neither party,-
|
| 82 |
+
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
|
| 83 |
+
(b) though capable of giving a valid consent has been suffering from mental disorder of such a
|
| 84 |
+
kind or to such an extent as to be unfit for marriage and the procreation of children; or
|
| 85 |
+
(c) has been subject to recurrent attacks of insanity or epilepsy;
|
| 86 |
+
(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen
|
| 87 |
+
years at the time of the marriage;
|
| 88 |
+
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage
|
| 89 |
+
governing each of them permits of a marriage between the two;
|
| 90 |
+
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them
|
| 91 |
+
permits of a marriage between the two;
|
| 92 |
+
(vi) (Omitted)
|
| 93 |
+
6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.
|
| 94 |
+
7. Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance
|
| 95 |
+
with the customary rites and ceremonies of either party thereto.
|
| 96 |
+
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the
|
| 97 |
+
bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and
|
| 98 |
+
binding when the seventh step is taken.
|
| 99 |
+
8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof of Hindu
|
| 100 |
+
marriages, the State Government may make rules providing that the parties to any such marriage
|
| 101 |
+
may have the particulars relating to their marriage entered in such manner and subject to such
|
| 102 |
+
condition as may be prescribed in a Hindu Marriage Register kept for the purpose.
|
| 103 |
+
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of
|
| 104 |
+
opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred
|
| 105 |
+
to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or
|
| 106 |
+
in such cases as may be specified and where any such direction has been issued, and person
|
| 107 |
+
contravening any rule made in this behalf shall be punishable with fine which may extend to
|
| 108 |
+
twenty-five rupees.
|
| 109 |
+
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,
|
| 110 |
+
after they are made.
|
| 111 |
+
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be
|
| 112 |
+
admissible as evidence of the statements therein contained
|
| 113 |
+
and certified extracts therefrom shall, on application, be given by the Registrar on payment to him
|
| 114 |
+
of the prescribed fee.
|
| 115 |
+
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in
|
| 116 |
+
no way be affected by the omission to make the entry.
|
| 117 |
+
Restitution of Conjugal rights and judicial separation
|
| 118 |
+
9. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable
|
| 119 |
+
excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the
|
| 120 |
+
district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the
|
| 121 |
+
statements made in such petition and that there is no legal ground why the application should not
|
| 122 |
+
be granted, may decree restitution of conjugal rights accordingly.
|
| 123 |
+
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal
|
| 124 |
+
from the society, the burden of proving reasonable excuse shall be on the person who has
|
| 125 |
+
withdrawn from the society.
|
| 126 |
+
10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the
|
| 127 |
+
commencement of this Act, may present a petition praying for a decree for judicial separation on
|
| 128 |
+
any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any
|
| 129 |
+
of the grounds might have been presented.
|
| 130 |
+
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the
|
| 131 |
+
petitioner to cohabit with the respondent, but the court may, on the application by petition of either
|
| 132 |
+
party and on being satisfied of the truth of the statement made in such petition, rescind the decree
|
| 133 |
+
if it considers it just and reasonable to do so.
|
| 134 |
+
Nullity of Marriage and Divorce
|
| 135 |
+
11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the
|
| 136 |
+
commencement of this Act shall be null and void and may, ona petition presented by either party
|
| 137 |
+
thereto, against the other party be so declared by a decree of nullity if it contravenes any one of
|
| 138 |
+
the conditions specified in clauses
|
| 139 |
+
(i), (iv) and (v), Section 5.
|
| 140 |
+
12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the
|
| 141 |
+
commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any
|
| 142 |
+
of the following grounds, namely:-
|
| 143 |
+
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
|
| 144 |
+
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
|
| 145 |
+
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the
|
| 146 |
+
petitioner was required under Section 5 as it stood immediately before the commencement of the
|
| 147 |
+
Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by
|
| 148 |
+
force or by fraud as to the nature of the ceremony or as to any material fact or circumstance
|
| 149 |
+
concerning the respondent; or
|
| 150 |
+
(d) that the respondent was at the time of the marriage pregnant by some person other than the
|
| 151 |
+
petitioner.
|
| 152 |
+
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage (a)
|
| 153 |
+
on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is
|
| 154 |
+
presented more than one year after the force had ceased to operate or, as the case may be, the fraud
|
| 155 |
+
had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other
|
| 156 |
+
party to the marriage as husband or wife after the force had ceased to operate or, as the case
|
| 157 |
+
may be, the fraud had been discovered;
|
| 158 |
+
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is
|
| 159 |
+
satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
|
| 160 |
+
(ii) that proceedings have been instituted in the case of a marriage solemnized before the
|
| 161 |
+
commencement of this Act within one year of such commencement and in the case of marriages
|
| 162 |
+
solemnized after such commencement within one year from the date of the marriage; and
|
| 163 |
+
(iii) that marital intercourse with the consent of the petitioner has not taken place since the
|
| 164 |
+
discovery by the petitioner of the existence of the said ground.
|
| 165 |
+
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act,
|
| 166 |
+
may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce
|
| 167 |
+
on the ground that the other party-
|
| 168 |
+
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person
|
| 169 |
+
other than his or her spouse; or
|
| 170 |
+
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
|
| 171 |
+
(ib) has deserted the petitioner for a continuous period of not less than two years immediately
|
| 172 |
+
preceding the presentation of the petition; or
|
| 173 |
+
(ii) has ceased to be a Hindu by conversion to another religion ; or
|
| 174 |
+
(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from
|
| 175 |
+
mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
|
| 176 |
+
expected to live with the respondent.
|
| 177 |
+
Explanation- In this clause-
|
| 178 |
+
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of
|
| 179 |
+
mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;
|
| 180 |
+
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind
|
| 181 |
+
(whether or not including sub-normality of intelligence) which results in abnormally aggressive or
|
| 182 |
+
seriously irresponsible conduct on the part of the other party and whether or not it requires or is
|
| 183 |
+
susceptible to medical treatment; or
|
| 184 |
+
(iv) has been suffering from a virulent and incurable form of leprosy; or
|
| 185 |
+
(v) has been suffering from veneral disease in a communicable form; or
|
| 186 |
+
(vi) has renounced the world by entering any religious order; or
|
| 187 |
+
(vii) has not been heard of as being alive for a period of seven years or more by those persons who
|
| 188 |
+
would naturally have heard of it, had that party been alive;
|
| 189 |
+
Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner
|
| 190 |
+
by the other party to the marriage without reasonable cause and without the consent or against the
|
| 191 |
+
wish of such party, and includes the wilful neglect of the petitioner by the other party to the
|
| 192 |
+
marriage, and its grammatical variations and cognate expression shall be construed accordingly.
|
| 193 |
+
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this
|
| 194 |
+
Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the
|
| 195 |
+
ground-
|
| 196 |
+
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
|
| 197 |
+
period of one year or upwards after the passing of a decree for judicial separation in a proceeding
|
| 198 |
+
to which they were parties; or (ii) that there has been no restitution of conjugal rights as between
|
| 199 |
+
the parties tothe marriage for a period of one year or upward after the passing of a decree of
|
| 200 |
+
restitution of conjugal rights in a proceeding to which they were parties.
|
| 201 |
+
(2) A wife may also present a petition for the dissolution of her marriage by a
|
| 202 |
+
decree of divorce on the ground-
|
| 203 |
+
(i) in the case of any marriage solemnized before the commencement of this Act,
|
| 204 |
+
that the husband had married again before the commencement or that any other
|
| 205 |
+
wife of the husband married before such commencement was alive at the time of
|
| 206 |
+
the solemnization of the marriage of the petitioner:
|
| 207 |
+
Provided that in either case the other wife is alive at the time of the presentation of
|
| 208 |
+
the petition;
|
| 209 |
+
(ii) that the husband has, since the solemnization of the marriage, been guilty of
|
| 210 |
+
rape, sodomy or bestiality; or
|
| 211 |
+
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
|
| 212 |
+
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
|
| 213 |
+
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
|
| 214 |
+
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
|
| 215 |
+
been passed against the husband awarding maintenance to the wife
|
| 216 |
+
notwithstanding that she was living apart and that since the passing of such decree
|
| 217 |
+
or order, cohabitation between the parties has not been resumed for one year or
|
| 218 |
+
upwards;or
|
| 219 |
+
(iv) that her marriage (whether consummated or not) was solemnized before she
|
| 220 |
+
attained the age of fifteen years and she has repudiated the marriage after
|
| 221 |
+
attaining that age but before attaining the age of eighteen years.
|
| 222 |
+
Explanation.- This clause applies whether the marriage was solemnized before or
|
| 223 |
+
after the commencement of the Marriage Law (Amendment) Act, 1976.
|
| 224 |
+
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
|
| 225 |
+
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
|
| 226 |
+
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
|
| 227 |
+
(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do
|
| 228 |
+
having regard to the circumstances of the case, pass instead a decree for judicial
|
| 229 |
+
separation.
|
| 230 |
+
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
|
| 231 |
+
petition for dissolution of marriage by a decree of divorce may be presented to the
|
| 232 |
+
District Court by both the parties to a marriage together, whether such marriage
|
| 233 |
+
was solemnized before or after the commencement of the Marriage Laws
|
| 234 |
+
(Amendment) Act, 1976, on the ground that they have been living separately for a
|
| 235 |
+
period of one year or more, that they have not been able to live together and that
|
| 236 |
+
they have mutually agreed that the marriage should be dissolved.
|
| 237 |
+
(2) On the motion of both the parties made earlier than six months after the date
|
| 238 |
+
of the presentation of the petition referred to in sub-section (1) and not later than
|
| 239 |
+
eighteen months after the said date, if the petition is not withdrawn in the mean
|
| 240 |
+
time, the Court shall, on being satisfied, after hearing the parties and after making
|
| 241 |
+
such inquiry as it thinks fit, that a marriage has been solemnized and that the
|
| 242 |
+
averments in the petition are true, pass a decree of divorce declaring the marriage
|
| 243 |
+
to be dissolved with effect from the date of the decree.
|
| 244 |
+
14. No petition for divorce to be presented within one year of marriage.-
|
| 245 |
+
(1) Notwithstanding anything contained in this Act, it shall not be competent for
|
| 246 |
+
any Court to entertain any petition for dissolution of marriage by a decree of
|
| 247 |
+
divorce, unless at the date of the presentation of the petition one year has elapsed
|
| 248 |
+
since the date of the marriage:
|
| 249 |
+
Provided that the court may, upon application made to it in accordance with such
|
| 250 |
+
rules as may be made by the High Court in that behalf, allow a petition to be
|
| 251 |
+
presented before one year has elapsed since the date of the marriage on the
|
| 252 |
+
ground that the case is one of exceptional hardship to the petitioner or of
|
| 253 |
+
exceptional depravity on the part of the respondent, but, if it appears to the court
|
| 254 |
+
at the hearing of the petition that petitioner obtained leave to present the petition
|
| 255 |
+
by any mis-representation or concealment of the nature of the case, the court may,
|
| 256 |
+
if it pronounces a decree, do so subject to the condition that the decree shall not
|
| 257 |
+
have effect until after the expiry of one year from the date of the marriage or may
|
| 258 |
+
dismiss the petition without prejudice to any petition which may be brought after
|
| 259 |
+
the expiration of the said one year upon the same or substantially the same facts
|
| 260 |
+
as those alleged in support of the petition so dismissed.
|
| 261 |
+
(2) In disposing of any application under this section for leave to present a petition
|
| 262 |
+
for divorce before the expiration of one year from the date of the marriage, the
|
| 263 |
+
court shall have regard to the interests of any children of the marriage and to the
|
| 264 |
+
question whether there is a reasonable probability of a reconciliation between the
|
| 265 |
+
parties before the expiration of the said one year.
|
| 266 |
+
15. Divorced persons. When may marry again.- When a marriage has been
|
| 267 |
+
dissolved by a decree of divorce and either there is no right of appeal against the
|
| 268 |
+
decree or, if there is such a right of appeal, the time for appealing has expired
|
| 269 |
+
without an appeal having been presented, or an appeal has been presented but has
|
| 270 |
+
been dismissed, it shall be lawful for either party to the marriage to marry again.
|
| 271 |
+
16. Legitimacy of children of void and voidable marriages.-
|
| 272 |
+
(1) Notwithstanding that a marriage is null and void under Section 11, any child of
|
| 273 |
+
such marriage who would have been legitimate if the marriage had been valid,
|
| 274 |
+
shall be legitimate, whether such a child is born before or after the commencement
|
| 275 |
+
of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of
|
| 276 |
+
nullity is granted in respect of the marriage under this Act and whether or not the
|
| 277 |
+
marriage is held to be void otherwise than on a petition under this Act.
|
| 278 |
+
(2) Where a decree of nullity is granted in respect of a voidable marriage under
|
| 279 |
+
Section 12, any child begotten or conceived before the decree is made, who would
|
| 280 |
+
have been the legitimate child of the parties to the marriage if at the date of the
|
| 281 |
+
decree it had been dissolved instead of being annulled, shall be deemed to be their
|
| 282 |
+
legitimate child notwithstanding the decree of nullity.
|
| 283 |
+
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as
|
| 284 |
+
conferring upon any child of a marriage which is null and void or which is annulled
|
| 285 |
+
by a decree of nullity under Section 12, any rights in or to the property of any
|
| 286 |
+
person, other than the parents, in any case, where, but for the passing of this Act,
|
| 287 |
+
such child would have been incapable of possessing or acquiring any such rights by
|
| 288 |
+
reason of his not being the legitimate child of his parents.
|
| 289 |
+
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after
|
| 290 |
+
the commencement of this Act is void if at the date of such marriage either party
|
| 291 |
+
had a husband or wife living; and the provisions of Sections 494 and 495 of the
|
| 292 |
+
Indian Penal Code (45 of 1860) shall apply accordingly.
|
| 293 |
+
18. Punishment for contravention of certain other conditions for a Hindu
|
| 294 |
+
marriage.- Every person who procures a marriage of himself or herself or to be
|
| 295 |
+
solemnized under this Act in contravention of the conditions specified in clauses
|
| 296 |
+
(iii), (iv), and (v) of Section 5 shall be punishable-
|
| 297 |
+
(a) in the case of a contravention of the condition specified in clause (iii) of Section
|
| 298 |
+
5, with simple imprisonment which may extend to fifteen days, or with fine which
|
| 299 |
+
may extend to one thousand rupees, or with both;
|
| 300 |
+
(b) in the case of a contravention of the condition specified in clause (iv) or clause
|
| 301 |
+
(v) of Section 5, with simple imprisonment which may extend to one month, or
|
| 302 |
+
with fine which may extend to one thousand rupees, or with both;
|
| 303 |
+
(c) Clause (c) omitted by Act 2 of 1978.
|
| 304 |
+
Jurisdiction and Procedure
|
| 305 |
+
19. Court to which petition shall be presentedEvery petition under this Act shall be presented to the District Court within the local
|
| 306 |
+
limits of whose ordinary original civil jurisdiction:
|
| 307 |
+
(i) the marriage was solemnized, or
|
| 308 |
+
(ii) the respondent, at the time of the presentation of the petition, resides, or
|
| 309 |
+
(iii) the parties to the marriage last resided together, or
|
| 310 |
+
(iv) the petitioner is residing at the time of the presentation of the petition, in a
|
| 311 |
+
case where the respondent is at that time, residing outside the territories to which
|
| 312 |
+
this Act extends, or has not been heard of as being alive for a period of seven
|
| 313 |
+
years or more by those persons who would naturally have heard of him if he were
|
| 314 |
+
alive.
|
| 315 |
+
20. Contents and verification of Petitions.-(1) Every petition presented under
|
| 316 |
+
this Act shall state as distinctly as the nature of the case permits the facts on which
|
| 317 |
+
the claims to relief is founded and, except in a petition under Section 11, shall also
|
| 318 |
+
state that there is no collusion between the petitioner and the other party to the
|
| 319 |
+
marriage.
|
| 320 |
+
(2) The statements contained in every petition under this Act shall be verified by
|
| 321 |
+
the petitioner or some other competent person in the manner required by law for
|
| 322 |
+
the verification of plaints, and may, at the hearing, be referred to as evidence.
|
| 323 |
+
21. Application of Act 5 of 1908.- Subject to the other provisions contained in
|
| 324 |
+
this Act and to such rules as the High Court may make in this behalf all
|
| 325 |
+
proceedings under this Act shall be regulated, as far as may be, by the Code of
|
| 326 |
+
Civil Procedure, 1908.
|
| 327 |
+
21-A. Power to transfer petitions in certain cases.-(1)Where-
|
| 328 |
+
(a) a petition under this Act has been presented to a District Court having
|
| 329 |
+
jurisdiction by a party to marriage praying for a decree for a judicial separation
|
| 330 |
+
under Section 10 or of a decree of divorce under Section 13; and
|
| 331 |
+
(b) another petition under this Act has been presented thereafter by the other
|
| 332 |
+
party to the marriage praying for a decree for judicial separation under Section 10
|
| 333 |
+
or for a decree of divorce under Section 13 on any ground, whether in the same
|
| 334 |
+
District Court or in a different District Court, in the same State or in a different
|
| 335 |
+
State,
|
| 336 |
+
the petitions shall be dealt with as specified in sub-section (2).
|
| 337 |
+
(2) In a case where sub-section (1) applies,-
|
| 338 |
+
(a) if the petitions are presented to the same District Court, both the petitions shall
|
| 339 |
+
be tried and heard together by that District Court;
|
| 340 |
+
(b) if the petition are presented to different District Courts, the petition presented
|
| 341 |
+
later shall be transferred to the District Court in which the earlier petition was
|
| 342 |
+
presented and both the petitions shall be heard and disposed of together by the
|
| 343 |
+
district court in which the earlier petition was presented.
|
| 344 |
+
(3) In a case where clause (b) of sub-section (2) applies, the court or the
|
| 345 |
+
Government, as the case may be, competent under the Code of Civil Procedure, 5
|
| 346 |
+
of 1908 to transfer any suit or proceeding from this District Court in which the later
|
| 347 |
+
petition has been presented to the district court in which the earlier petition is
|
| 348 |
+
pending, shall exercise its powers to transfer such later petition as if it had been
|
| 349 |
+
empowered so to do under the said Code.
|
| 350 |
+
21-B. Special provision relating to trial and disposal of petitions under the
|
| 351 |
+
Act.-(1) The trial of a petition under this Act, shall, so far as is practicable
|
| 352 |
+
consistently with the interests of justice in respect of the trial, be continued from
|
| 353 |
+
day to day until its conclusion unless the Court finds the adjournment of the trial
|
| 354 |
+
beyond the following day to be necessary for reasons to be recorded.
|
| 355 |
+
(2) Every petition under this Act shall be tried as expeditiously as possible, and
|
| 356 |
+
endeavour shall be made to conclude the trial within six months from the date of
|
| 357 |
+
service of notice of the petition on the respondent.
|
| 358 |
+
(3) Every appeal under this Act shall be heard as expeditiously as possible, and
|
| 359 |
+
endeavour shall be made to conclude the hearing within three months from the
|
| 360 |
+
date of service of notice of appeal on the respondent.
|
| 361 |
+
21.-C. Documentary evidence.- Notwithstanding anything in any enactment to
|
| 362 |
+
the contrary, no document shall be inadmissible in evidence in any proceeding at
|
| 363 |
+
the trial of a petition under this Act on the ground that it is not duly stamped or
|
| 364 |
+
registered.
|
| 365 |
+
22. Proceedings to be in camera and may not be printed or published.-(1)
|
| 366 |
+
Every proceedings under this Act shall be conducted in camera and it shall not be
|
| 367 |
+
lawful for any person to print or publish any matter in relation to any such
|
| 368 |
+
proceeding except a judgment of the High Court or of the Supreme Court printed or
|
| 369 |
+
published with the previous permission of the Court.
|
| 370 |
+
(2) If any person prints or publishes any matter in contravention of the provisions
|
| 371 |
+
contained in sub-section (1), he shall be punishable with fine which may extend to
|
| 372 |
+
one thousand rupees.
|
| 373 |
+
23. Decree in proceedings.-(1) In any proceeding under this Act, whether
|
| 374 |
+
defended or not, if the Court is satisfied that-
|
| 375 |
+
(a) any of the grounds for granting relief exists and the petitioner except in cases
|
| 376 |
+
where the relief is sought by him on the grounds specified in sub-clause (a), subclause
|
| 377 |
+
(b) and sub-clause (c) of clause (ii) of Section 5 is not any way taking
|
| 378 |
+
advantage of his or her own wrong or disability for the purpose of such relief, and
|
| 379 |
+
(b) where the ground of the petition is the ground specified in clause (i) of subsection
|
| 380 |
+
(1) of Section 13, the petitioner has not in any manner been accessory to
|
| 381 |
+
or connived at or condoned the act or acts complained of, or where the ground or
|
| 382 |
+
the petition is cruelty the petitioner has not in any manner condoned the cruelty,
|
| 383 |
+
and
|
| 384 |
+
(bb) when a divorce is sought on the ground of mutual consent, such consent has
|
| 385 |
+
not been obtained by force, fraud or undue influence, and
|
| 386 |
+
(c) the petition not being a petition presented under section 11 is not presented or
|
| 387 |
+
prosecuted in collusion with the respondent, and
|
| 388 |
+
(d) there has not been any unnecessary or improper delay in instituting the
|
| 389 |
+
proceeding, and
|
| 390 |
+
(e) there is no other legal ground why relief should not be granted, then,and in
|
| 391 |
+
such a case, but not otherwise, the court shall decree such relief accordingly.
|
| 392 |
+
(2) Before proceeding to grant any relief under this Act, it shall be the duty of the
|
| 393 |
+
Court in the first instance, in every case where it is possible so to do consistently
|
| 394 |
+
with the nature and circumstances of the case, to make every endeavour to bring
|
| 395 |
+
about a reconciliation between the parties:
|
| 396 |
+
Provided that nothing contained in this sub-section shall apply to any proceeding
|
| 397 |
+
wherein relief is sought on any of the grounds specified in clause (ii), clause (iii),
|
| 398 |
+
clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.
|
| 399 |
+
(3) For the purpose of aiding the Court in bringing about such reconciliation, the
|
| 400 |
+
court may, if the parties so desire or if the Court thinks it just and proper so to do
|
| 401 |
+
adjourn the proceedings for a reasonable period not exceeding fifteen days and
|
| 402 |
+
refer the matter to any person named by the parties in this behalf or to any person
|
| 403 |
+
nominated by the Court if the parties fail to name any person, with directions to
|
| 404 |
+
report to the Court as to whether reconciliation can be and has been effected and
|
| 405 |
+
the court shall in disposing of the proceeding have due regard to the report.
|
| 406 |
+
(4) In every case where a marriage is dissolved by a decree of divorce, the court
|
| 407 |
+
passing the decree shall give a copy thereof free of cost to each of the parties.
|
| 408 |
+
23-A. Relief for respondent in divorce and other proceedings.- In any
|
| 409 |
+
proceedings for divorce or judicial separation or restitution of conjugal rights, the
|
| 410 |
+
respondent may not only oppose the relief sought on the ground of petitioner's
|
| 411 |
+
adultery, cruelty or desertion, but also make a counter-claim for any relief under
|
| 412 |
+
this Act on that ground; and if the petitioner's adultery, cruelty or desertion is
|
| 413 |
+
proved, the Court may give to the respondent any relief under this Act to which he
|
| 414 |
+
or she would have been entitled if he or she had presented a petition seeking such
|
| 415 |
+
relief on that ground.
|
| 416 |
+
24. Maintenance pendente lite and expenses of proceedings.-
|
| 417 |
+
Where in any proceeding under this Act it appears to the Court that either the wife
|
| 418 |
+
or the husband, as the case may be, has no independent income sufficient for her
|
| 419 |
+
or his support and the necessary expenses of the proceeding, it may, on the
|
| 420 |
+
application of the wife or the husband, order the respondent to pay the petitioner
|
| 421 |
+
the expenses of the proceeding such sum as, having regard to the petitioner's own
|
| 422 |
+
income and the income of the respondent, it may seem to the Court to be
|
| 423 |
+
reasonable.
|
| 424 |
+
25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
|
| 425 |
+
under this Act may, at the time of passing any decree or at any time subsequent
|
| 426 |
+
thereto, on application made to it for the purposes by either the wife or the
|
| 427 |
+
husband, as the case may be, order that the respondent shall pay to the applicant
|
| 428 |
+
for her or his maintenance and support such gross sum or such monthly or
|
| 429 |
+
periodical sum for a term not exceeding the life of the applicant as, having regard
|
| 430 |
+
to the respondent's own income and other property of the applicant, the conduct of
|
| 431 |
+
the parties and other circumstances of the case, it may seem to the Court to be
|
| 432 |
+
just, and any such payment may be secured, if necessary, by a charge on the
|
| 433 |
+
immoveable property of the respondent.
|
| 434 |
+
(2) If the Court is satisfied that there is a change in the circumstances of either
|
| 435 |
+
party at any time after it has made an order under sub-section (1), it may at the
|
| 436 |
+
instance of either party, vary, modify or rescind any such order in such manner as
|
| 437 |
+
the court may deem just.
|
| 438 |
+
(3) If the Court is satisfied that the party in whose favour an order has been made
|
| 439 |
+
under this Section has re-married or, if such party is the wife, that she has not
|
| 440 |
+
remained chaste or if such party is the husband, that he has had sexual intercourse
|
| 441 |
+
with any woman outside wedlock, it may at the instance of the other party vary,
|
| 442 |
+
modify or rescind any such order in such manner as the court may deem just.
|
| 443 |
+
26. Custody of children.- In any proceeding under this Act, the Court may, from
|
| 444 |
+
time to time, pass such interim orders and make such provisions in the decree as it
|
| 445 |
+
may deem just and proper with respect to the custody, maintenance and education
|
| 446 |
+
of minor children, consistently with their wishes, wherever possible, and may, after
|
| 447 |
+
the decree, upon application by petition for the purpose, make from time to time,
|
| 448 |
+
all such orders and provisions with respect to the custody, maintenance and
|
| 449 |
+
education of such children as might have been made by such decree or interim
|
| 450 |
+
orders in case the proceedings for obtaining such decree were still pending, and
|
| 451 |
+
the Court may also from time to time revoke, suspend or vary any such orders and
|
| 452 |
+
provisions previously made.
|
| 453 |
+
27. Disposal of property.-In any proceeding under this Act, the Court may make
|
| 454 |
+
such provisions in the decree as it deems just and proper with respect to any
|
| 455 |
+
property presented at or about the time of marriage, which may belong jointly to
|
| 456 |
+
both the husband and the wife.
|
| 457 |
+
28. Appeals from decrees and orders.-(1) All decrees made by Court in any
|
| 458 |
+
proceeding under this Act shall, subject to the provisions of sub-section (3), be
|
| 459 |
+
appealable as decrees of the Court made in the exercise of its original civil
|
| 460 |
+
jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily
|
| 461 |
+
lie from the decisions of the Court given in the exercise of its original civil
|
| 462 |
+
jurisdiction.
|
| 463 |
+
(2) Orders made by the Court in any proceedings under this Act, under Section 25
|
| 464 |
+
or Section 26 shall, subject to the provisions of sub-section (3), be appealable if
|
| 465 |
+
they are not interim orders and every such appeal shall lie to the Court to which
|
| 466 |
+
appeals ordinarily lie from the decisions of the Court given in exercise of its original
|
| 467 |
+
civil jurisdiction.
|
| 468 |
+
(3) There shall be no appeal under this section on subject of costs only.
|
| 469 |
+
(4) Every appeal under this section shall be preferred within a period of thirty days
|
| 470 |
+
from the date of the decree or order.
|
| 471 |
+
28(A) Enforcement of decrees and orders.- All decrees and orders made by
|
| 472 |
+
the Court in any proceeding under this Act, shall be enforced in the like manner as
|
| 473 |
+
the decrees and orders of the Court made in the exercise of its original civil
|
| 474 |
+
jurisdiction for the time being enforced.
|
| 475 |
+
29. Savings.-(1) A marriage solemnized between Hindus before the
|
| 476 |
+
commencement of this Act, which is otherwise valid, shall not be deemed to be
|
| 477 |
+
invalid or ever to have been invalid by reason only of the fact that the parties
|
| 478 |
+
thereto belonged to the same gotra or pravara or belonged to different religion,
|
| 479 |
+
castes or sub-divisions of the same caste.
|
| 480 |
+
(2) Nothing contained in this Act shall be deemed to affect any right recognised by
|
| 481 |
+
custom or conferred by any special enactment to obtain the dissolution of a Hindu
|
| 482 |
+
Marriage, whether solemnized before or after the commencement of this Act.
|
| 483 |
+
(3) Nothing contained in this Act shall affect any proceeding under any law for the
|
| 484 |
+
time being in force for declaring any marriage to be null and void or for annulling
|
| 485 |
+
or dissolving any marriage or for judicial, separation pending at the
|
| 486 |
+
commencement of this Act, and any such proceeding may be continued and
|
| 487 |
+
determined as if this Act had not been passed.
|
| 488 |
+
(4) Nothing contained in this Act shall be deemed to effect the provisions contained
|
| 489 |
+
in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between
|
| 490 |
+
Hindus solemnized under that Act, whether before or after the commencement of
|
| 491 |
+
this Act.
|
| 492 |
+
30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of
|
| 493 |
+
1960), Sec. 2 and the First Schedule.)
|
| 494 |
+
|
| 495 |
+
|
| 496 |
+
|
| 497 |
+
|
| 498 |
+
|
| 499 |
+
|
| 500 |
+
|
| 501 |
+
|
| 502 |
+
|
| 503 |
+
|
| 504 |
+
|
| 505 |
+
|
| 506 |
+
|
| 507 |
+
|
| 508 |
+
|
| 509 |
+
|
| 510 |
+
|
| 511 |
+
|
| 512 |
+
|
| 513 |
+
|
| 514 |
+
|
| 515 |
+
|
| 516 |
+
|
| 517 |
+
|
| 518 |
+
|
| 519 |
+
|
| 520 |
+
|
| 521 |
+
|
| 522 |
+
|
| 523 |
+
|
| 524 |
+
|
| 525 |
+
|
| 526 |
+
|
| 527 |
+
|
| 528 |
+
|
| 529 |
+
|
| 530 |
+
|
| 531 |
+
|
| 532 |
+
|
| 533 |
+
|
| 534 |
+
The Special Marriage Act-1954
|
| 535 |
+
(Act No.43 of 1954)[9th October 1954]
|
| 536 |
+
An Act to provide a special form of marriage in certain cases, for the registration
|
| 537 |
+
of such and certain other marriages and for divorce. Be it enacted by Parliament
|
| 538 |
+
in the Fifth Year of the Republic of India as follows:
|
| 539 |
+
CHAPTER 1
|
| 540 |
+
Preliminary
|
| 541 |
+
1. Short title, extent and commencement- (1) This Act may be called the Special
|
| 542 |
+
Marriage Act, 1954.
|
| 543 |
+
(2) It extends to the whole of India except the State of Jammu and Kashmir, and
|
| 544 |
+
applies also to citizens of India domiciled in the territories to which the Act
|
| 545 |
+
extends who are in the State of Jammu and Kashmir.
|
| 546 |
+
(3) It shall come into force on such date, i.e.1st January, 1955 as the Central
|
| 547 |
+
Government may, by notification in the Official Gazette, appoint.
|
| 548 |
+
2. Definitions- In this Act, unless the context otherwise, requires,-
|
| 549 |
+
(a) (* * * *) Omitted
|
| 550 |
+
(b) "degrees of prohibited relationship" - a man and any of the persons mentioned
|
| 551 |
+
in Part I of the First Schedule and a woman and any of the persons mentioned in
|
| 552 |
+
Part II of the said Schedules are within the degrees of prohibited relationship.
|
| 553 |
+
Explanation I.- Relationship includes,- a) relationship by half or uterine blood as
|
| 554 |
+
well as by full blood: b) illegitimate blood relationship as well as legitimate; c)
|
| 555 |
+
relationship by adoption as well as by blood;
|
| 556 |
+
and all terms of relationship in this Act shall be construed accordingly.
|
| 557 |
+
Explanation II.- "Full blood" and "half blood"- two persons are said to be related
|
| 558 |
+
to each other by full blood when they are descended from a common ancestor by
|
| 559 |
+
the same wife and by half blood when they are descended from a common
|
| 560 |
+
ancestor but by different wives.
|
| 561 |
+
Explanation III.- "Uterine blood"- two persons are said to be related to each other
|
| 562 |
+
by uterine blood when they are descended from a common ancestress but by
|
| 563 |
+
different husbands.
|
| 564 |
+
Explanation IV.-In Explns. II and III. "ancestor" includes the father and
|
| 565 |
+
"ancestress" the mother;
|
| 566 |
+
(d) "district", in relation to a Marriage Officer, means the area for which he is
|
| 567 |
+
appointed as such under sub-section (1) or sub-section (2) of Sec.3;
|
| 568 |
+
(e) "District Court" means, in any area for which there is a City Civil Court, and
|
| 569 |
+
in any other area, the principal Civil Court of original jurisdiction, and includes
|
| 570 |
+
any other Civil Court which may be specified by the State Government by
|
| 571 |
+
notification in the Official Gazette as having jurisdiction in respect of the matters
|
| 572 |
+
dealt with in this Act:
|
| 573 |
+
(f) "prescribed" means prescribed by rules made under this Act;
|
| 574 |
+
(g) "State Government", in relation to a Union territory, means the Administrator
|
| 575 |
+
thereof.
|
| 576 |
+
Chapter II
|
| 577 |
+
Solemnization of Special Marriages
|
| 578 |
+
4. Conditions relating to solemnization of special marriage.-
|
| 579 |
+
Notwithstanding anything contained in any other law for the time being in force
|
| 580 |
+
relating to the solemnization of marriages, a marriage between any two persons
|
| 581 |
+
may be solemnized under this Act, if at the time of the marriage the following
|
| 582 |
+
conditions are fulfilled namely: (a) Neither party has a spouse living: (b) neither
|
| 583 |
+
party- (i) is incapable of giving a valid consent to it in consequence of
|
| 584 |
+
unsoundness of mind, or (ii) though capable of giving a valid consent, has been
|
| 585 |
+
suffering from mental disorder of such a kind or to such an extent as to be unfit
|
| 586 |
+
for marriage and the procreation of children; or (iii) has been subject to recurrent
|
| 587 |
+
attacks of insanity or epilepsy; (c) the male has completed the age of twenty-one
|
| 588 |
+
years and the female the age of eighteen years; (d) the parties are not within the
|
| 589 |
+
degrees of prohibited relationship: Provided that where a custom governing at
|
| 590 |
+
least one of the parties permits of a marriage between them, such marriage may
|
| 591 |
+
be solemnized, notwithstanding that they are within the degrees of prohibited
|
| 592 |
+
relationship: and
|
| 593 |
+
(e) where the marriage is solemnized in the State of Jammu and Kashmir, both
|
| 594 |
+
parties are citizens of India domiciled in the territories to which this Act extends.
|
| 595 |
+
Explanation- In this section, "customs, in relation to a person belonging to any
|
| 596 |
+
tribe, community, group or family, means any rule which the State Government
|
| 597 |
+
may, by notification in the Official Gazette, specify in this behalf as applicable to
|
| 598 |
+
members of that tribe, community, group or family:
|
| 599 |
+
Provided that no such notification shall be issued in relation to the members of
|
| 600 |
+
any tribes, community, group or family, unless the State Government is satisfied-
|
| 601 |
+
(i) that such rule has been continuously and uniformly observed for a long time
|
| 602 |
+
among those members; (ii) that such rule is certain and not unreasonable or
|
| 603 |
+
opposed to public policy; and (iii) that such rule is applicable only to a family,
|
| 604 |
+
has not been discontinued by the family.
|
| 605 |
+
5. Notices of intended marriage.- When a marriage is intended to be solemnized
|
| 606 |
+
under this Act, the parties of the marriage shall give notice thereof in writing in
|
| 607 |
+
the Form specified in the Second Schedule to the Marriage Officer of the district
|
| 608 |
+
in which at least one of the parties to the marriage has resided for a period of not
|
| 609 |
+
less than thirty days immediately preceding the date on which such notice is
|
| 610 |
+
given.
|
| 611 |
+
6. Marriage Notice Book and publication.-(1) The Marriage Officer shall keep all
|
| 612 |
+
notices given under Sec. 5 with the records of his office and shall also forthwith
|
| 613 |
+
enter a true copy of every such notice in a book prescribed for that purpose, to be
|
| 614 |
+
called the Marriage Notice Book, and such book shall be open for inspection at
|
| 615 |
+
all reasonable times, without fee, by any person desirous of inspecting the same.
|
| 616 |
+
(2) The Marriage Officer shall cause every such notice to be published by affixing
|
| 617 |
+
a copy thereof to some conspicuous place in his office. (3) Where either of the
|
| 618 |
+
parties to an intended marriage is not permanently residing within the local limits
|
| 619 |
+
of the district of the Marriage Officer to whom the notice has been given under
|
| 620 |
+
Sec. 5, the Marriage Officer shall also cause a copy of such notice to be
|
| 621 |
+
transmitted to the Marriage Officer of the district within whose limits such party
|
| 622 |
+
is permanently residing, and that Marriage Officer shall thereupon cause a copy
|
| 623 |
+
thereof to be affixed to some conspicuous place in his office.
|
| 624 |
+
7. Objection to marriage.- (1) Any person may, before the expiration of thirty
|
| 625 |
+
days from the date on which any such notice has been published under sub-section
|
| 626 |
+
(2) of Sec. 6, object to the marriage on the ground that it would contravene one
|
| 627 |
+
or more of the conditions specified in Sec.4. (2)After the expiration of thirty days
|
| 628 |
+
from the date on which notice of an intended marriage has been published under
|
| 629 |
+
sub-section (2) of Sec. 6, the marriage may be solemnized, unless it has been
|
| 630 |
+
previously objected to under sub-section (1). (3) The nature of the objection shall
|
| 631 |
+
be recorded in writing by the Marriage Officer in the Marriage Notice Book, be
|
| 632 |
+
read over and explained if necessary, to the person making the objection and shall
|
| 633 |
+
be signed by him or on his behalf.
|
| 634 |
+
8. Procedure on receipt of objection.- If an objection is made under Sec. 7 to an
|
| 635 |
+
intended marriage the Marriage Officer shall not solemnize the marriage until he
|
| 636 |
+
has inquired into the matter of the objection and is satisfied that it ought not to
|
| 637 |
+
prevent the solemnization of the marriage or the objection is withdraw by the
|
| 638 |
+
person making it; but the Marriage Officer shall not take more than thirty days
|
| 639 |
+
from the date of the objection for the purpose of inquiring into the matter of the
|
| 640 |
+
objection and arriving at a decision. (2) If the Marriage Officer upholds the
|
| 641 |
+
objection and refuses to solemnize the marriage, either party to the intended
|
| 642 |
+
marriage may, within a period of thirty days from the date of such refusal, prefer
|
| 643 |
+
an appeal to the District Court within the local limits of whose jurisdiction the
|
| 644 |
+
Marriage Officer has his office, and the decision of the District Court on such
|
| 645 |
+
appeal shall be final, and the Marriage Officer shall act in conformity with the
|
| 646 |
+
decision of the Court.
|
| 647 |
+
9. Powers of Marriage Officers in respect of inquiries.- (1)For the purpose of any
|
| 648 |
+
inquiry under Sec.8, the Marriage Officer shall have all the powers vested in a
|
| 649 |
+
Civil Court under the Code of Civil Procedure, 1908(5 of 1908), when trying a
|
| 650 |
+
suit in respect of the following matters, namely: (a) summoning and enforcing the
|
| 651 |
+
attendance of witnesses and examining them on oath; (b) discovery and
|
| 652 |
+
inspection; (c) compelling the production of documents; (d) reception of evidence
|
| 653 |
+
on affidavits; and (e) issuing commissions for the examination of witnesses;and
|
| 654 |
+
any proceeding before the Marriage Officer shall be deemed to be a judicial
|
| 655 |
+
proceeding within the meaning of Sec.193 of the Indian Penal Code(45 of 1960).
|
| 656 |
+
2) If it appears to the Marriage Officer that the objection made to an intended
|
| 657 |
+
marriage is not reasonable and has not been made in good faith he may impose
|
| 658 |
+
on the person objecting costs, by way of compensation not exceeding one
|
| 659 |
+
thousand rupees, and award the whole, or any part thereof to the parties to the
|
| 660 |
+
intended marriage, and any order of costs so made may be executed in the same
|
| 661 |
+
manner as a decree passed by the District Court within the local limits of whose
|
| 662 |
+
jurisdiction the Marriage Officer has his office.
|
| 663 |
+
10. Procedure on receipt of objection by Marriage Officer abroad.- Where an
|
| 664 |
+
objection is made under Sec.7 to a Marriage Officer in the State of Jammu and
|
| 665 |
+
Kashmir in respect of an intended marriage in the State and the Marriage Officer,
|
| 666 |
+
after making such inquiry into the matter as he thinks fit, entertains a doubt in
|
| 667 |
+
respect thereof, he shall not solemnize the marriage but shall transmit the record
|
| 668 |
+
with such statement respecting the matter as he thinks fit to the Central
|
| 669 |
+
Government, and the Central Government, after making such inquiry into the
|
| 670 |
+
matter and after obtaining such advice as it thinks fit, shall give its decision
|
| 671 |
+
thereon in writing to the Marriage Officer shall act in conformity with the
|
| 672 |
+
decision of the Central Government.
|
| 673 |
+
11. Declaration by parties and witnesses.- Before the marriage is solemnized the
|
| 674 |
+
parties and three witnesses shall, in the presence of the Marriage Officer, sign a
|
| 675 |
+
declaration in the Form specified in the Third Schedule to this Act, and the
|
| 676 |
+
declaration shall be countersigned by the Marriage Officer.
|
| 677 |
+
12. Place and form of solemnization.- (1) The marriage may be solemnized at the
|
| 678 |
+
office of the Marriage Officer or at such other place within a reasonable distance
|
| 679 |
+
therefrom as the parties may desire, and upon such conditions and the payments
|
| 680 |
+
of such additional fees as may be prescribed. 2) The marriage may be solemnized
|
| 681 |
+
in any form which the parties may choose to adopt: Provided that it shall not be
|
| 682 |
+
complete and binding on the parties unless each party says to the other in the
|
| 683 |
+
presence of the Marriage Officer and the three witnessess and in any language
|
| 684 |
+
understood by the parties,- "I (A) take thee (B), to be my lawful wife (or
|
| 685 |
+
husband)".
|
| 686 |
+
13. Certificate of marriage.-(1) When the marriage has been solemnized the
|
| 687 |
+
Marriage Officer shall enter a certificate thereof in the Form specified in the
|
| 688 |
+
Fourth Schedule in a book to be kept by him for that purpose and to be called the
|
| 689 |
+
Marriage Certificate Book and such certificate shall be signed by the parties to
|
| 690 |
+
the marriage and the three witnesses. (2) On a certificate being entered in the
|
| 691 |
+
Marriage Certificate Book by the Marriage Officer, the certificate shall be
|
| 692 |
+
deemed to be conclusive evidence of the fact that a marriage under this Act has
|
| 693 |
+
been solemnized and that all formalities respecting the signatures of witnesses
|
| 694 |
+
have been complied with.
|
| 695 |
+
14. New notice when marriage not solemnized within three months.-Whenever a
|
| 696 |
+
marriage is not solemnized within three calender months from the date on which
|
| 697 |
+
notice thereof has been given to the Marriage Officer as required by Sec. 5 or
|
| 698 |
+
where an appeal has been filed under sub-section (2) of Sec.8, within three
|
| 699 |
+
months from the date of the decision of the District Court on such appeal or where
|
| 700 |
+
the record of a case has been transmitted to the Central Government under Sec.10,
|
| 701 |
+
within three months from the date of decision of the Central Government, the
|
| 702 |
+
notice and all other proceedings arising therefrom shall be deemed to have lapsed,
|
| 703 |
+
and no marriage Officer shall solemnize the marriage until a new notice has been
|
| 704 |
+
given in the manner laid down in this Act.
|
| 705 |
+
CHAPTER III
|
| 706 |
+
Registration of Marriage Celebrated in other forms
|
| 707 |
+
15. Registration of marriages celebrated in other forms.- Any marriage
|
| 708 |
+
celebrated, whether before or after the commencement of this Act, other than a
|
| 709 |
+
marriage solemnized under the Special Marriage Act, 1872 or under this Act, may
|
| 710 |
+
be registered under this Chapter by a Marriage Officer in the territories to which
|
| 711 |
+
this Act extends if the following conditions are fulfilled, namely:
|
| 712 |
+
(a) a ceremony of marriage has been performed between the parties and they have
|
| 713 |
+
been living together as husband and wife ever since (b) neither party has at the
|
| 714 |
+
time of registration more than one spouse living; (c) neither party is an idiot or a
|
| 715 |
+
lunatic at the time of registration: (d) the parties have completed the age of
|
| 716 |
+
twenty-one year at the time of registration; (e) the parties are not within the
|
| 717 |
+
degrees of prohibited relationship: Provided that in case of a marriage celebrated
|
| 718 |
+
before the commencement of this Act, this condition shall be subject to any law,
|
| 719 |
+
custom or usage having the force of law governing each of them which permits
|
| 720 |
+
of a marriage between the two; and (f) the parties have been residing within the
|
| 721 |
+
district of the Marriage Officer for a period of not less than thirty days
|
| 722 |
+
immediately preceding the date on which the application is made to him for
|
| 723 |
+
registration of the marriage.
|
| 724 |
+
16. Procedure for registration.- Upon receipt of an application signed by both the
|
| 725 |
+
parties to the marriage for the registration of their under this chapter, the Marriage
|
| 726 |
+
Officer shall give public notice thereof in such manner as may be prescribed and
|
| 727 |
+
after allowing a period of thirty days for objection and after hearing any objection
|
| 728 |
+
received within that period, shall, if satisfied that all the conditions mentioned in
|
| 729 |
+
Sec. 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate
|
| 730 |
+
Book in the Form specified in the Fifth Schedule and such certificate shall be
|
| 731 |
+
signed by the parties to the marriage and by three witnesses.
|
| 732 |
+
17. Appeals from orders under Sec. 16.- Any person aggrieved by any order of a
|
| 733 |
+
Marriage Officer refusing to register a marriage under this Chapter may, within
|
| 734 |
+
thirty days from the date of order, appeal against that order to the District Court
|
| 735 |
+
within the local limits of whose jurisdiction the Marriage Officer has his office,
|
| 736 |
+
and the decision of the District Court on such appeal shall be final, and the
|
| 737 |
+
Marriage Officer to whom the application was made shall act in conformity with
|
| 738 |
+
such decision.
|
| 739 |
+
18. Effect of registration of marriage under this Chapter.- Subject to the
|
| 740 |
+
provisions contained in sub-section (2) of Sec.24 where a certificate of marriage
|
| 741 |
+
has been finally entered in the Marriage Certificate Book under this Chapter, the
|
| 742 |
+
marriage shall, as from the date of such entry, be deemed to be a marriage
|
| 743 |
+
solemnized under this Act, and all children born after the date of the ceremony of
|
| 744 |
+
marriage (whose names shall also be entered in the Marriage Certificate Book)
|
| 745 |
+
shall in all respects be deemed to be and always to have been the legitimate
|
| 746 |
+
children of their parents: Provided that nothing contained in this section shall be
|
| 747 |
+
construed as conferring upon any such children any rights in or to the property of
|
| 748 |
+
any person other than their parents in any case where, but for the passing of this
|
| 749 |
+
Act, such children would have been incapable of possessing or acquiring any such
|
| 750 |
+
rights by reason of their not being the legitimate children of their parents.
|
| 751 |
+
CHAPTER IV
|
| 752 |
+
Consequences of Marriage under this Act
|
| 753 |
+
19. Effect of marriage on member of undivided family- The marriage solemnized
|
| 754 |
+
under this Act of any member of an undivided family who professes the Hindu,
|
| 755 |
+
Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such
|
| 756 |
+
family.
|
| 757 |
+
20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec.
|
| 758 |
+
19, any person whose marriage is solemnized under this Act, shall have the same
|
| 759 |
+
rights and shall be subject to the same disabilities in regard to the right of
|
| 760 |
+
succession to any property as a person to whom the Caste Disabilities Removal
|
| 761 |
+
Act, 1850 (21 of 1850), applies.
|
| 762 |
+
21. Succession to property of parties married under Act.- Notwithstanding any
|
| 763 |
+
restrictions contained in the Indian Succession Act,1925 (39 of 1925), with
|
| 764 |
+
respect to its application to members of certain communities, succession to the
|
| 765 |
+
property of any person whose marriage is solemnized under this Act and to the
|
| 766 |
+
property of the issue of such marriage shall be regulated by the provisions of the
|
| 767 |
+
said Act and for the purposes of this section that Act shall have effect as if Chapter
|
| 768 |
+
III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom. 21-
|
| 769 |
+
A. Special provision in certain cases .- Where the marriage is solemnized under
|
| 770 |
+
this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion
|
| 771 |
+
with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19
|
| 772 |
+
and 21 shall not apply and so much of Sec. 20 as creates a disability shall also not
|
| 773 |
+
apply.
|
| 774 |
+
CHAPTER V
|
| 775 |
+
Restitution of Conjugal Rights and Judicial Separation
|
| 776 |
+
22. Restitution of conjugal rights.- When either the husband or the wife has,
|
| 777 |
+
without reasonable excuse, withdrawn from the society of the other the aggrieved
|
| 778 |
+
party may apply by petition to the District Court for restitution of conjugal rights,
|
| 779 |
+
and the Court, on being satisfied of the truth of the statements made in such
|
| 780 |
+
petition, and that there is no legal ground why the application should not be
|
| 781 |
+
granted, may decree restitution of conjugal rights accordingly. ExplanationWhere a question arises whether there has been reasonable excuse for withdrawal
|
| 782 |
+
from the society, the burden of proving reasonable excuse shall be on the person
|
| 783 |
+
who has withdrawn from the society.
|
| 784 |
+
23. Judicial separation.-(1) A Petition for judicial separation may be presented to
|
| 785 |
+
the District Court either by the husband or the wife.- (a) on any of the grounds
|
| 786 |
+
specified in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition
|
| 787 |
+
for divorce might have been presented;or (b) on the grounds of failure to comply
|
| 788 |
+
with a decree for restitution of conjugal rights and the Court, on being satisfied
|
| 789 |
+
of the truth of the statements made in such petition, and that there is no legal
|
| 790 |
+
ground why the application should not be granted, may decree judicial separation
|
| 791 |
+
accordingly. (2) Where the Court grants a decree for judicial separation, it shall
|
| 792 |
+
be no longer obligatory for the petitioner to cohabit with the respondent, but the
|
| 793 |
+
Court may, on the application by petition of either party and on being satisfied of
|
| 794 |
+
the truth of the statements made in such petition rescind the decree if it considers
|
| 795 |
+
it just and reasonable to do so.
|
| 796 |
+
CHAPTER VI
|
| 797 |
+
Nullity of Marriage and Divorce
|
| 798 |
+
24. Void marriages.- (1) Any marriage solemnized under this Act shall be null
|
| 799 |
+
and void (and may, on a petition presented by either party thereto against the other
|
| 800 |
+
party, be so declared) by a decree of nullity if- (i) any of the conditions specified
|
| 801 |
+
in Cls.(a),(b), (c) and (d) of Sec. 4 has not been fulfilled : or (ii) the respondent
|
| 802 |
+
was impotent at the time of the marriage and at the time of the institution of the
|
| 803 |
+
suit. (2) Nothing contained in this section shall apply to any marriage deemed to
|
| 804 |
+
be solemnized under the Act within the meaning of Sec. 18, but the registration
|
| 805 |
+
of any such marriage under Chapter III may be declared to be of no effect if the
|
| 806 |
+
registration was in contravention of any of the conditions specified in Cls.(a) to
|
| 807 |
+
(e) of Sec. 15: Provided that no such declaration shall be made in any case where
|
| 808 |
+
an appeal has been preferred under Sec.17 and the decision of the District Court
|
| 809 |
+
has become final.
|
| 810 |
+
25. Voidable marriages.- Any marriage solemnized under this Act shall be
|
| 811 |
+
voidable and may be annulled by a decree of nullity, if- (i) the marriage has not
|
| 812 |
+
been consummated owing to the wilful refusal of the respondent to consummate
|
| 813 |
+
the marriage ;or (ii) the respondent was at the time of the marriage pregnant by
|
| 814 |
+
some person other than the petitioner; or (iii) the consent of either party to the
|
| 815 |
+
marriage was obtained by coercion or fraud, as defined in the Indian Contract
|
| 816 |
+
Act, 1872 (9 of 1872): Provided that in the case specified in Cl.(ii) the Court shall
|
| 817 |
+
not grant a decree unless it is satisfied- (a) that the petitioner was at the time of
|
| 818 |
+
the marriage ignorant of the facts alleged; (b) that proceedings were instituted
|
| 819 |
+
within a year from the date of the marriage; and (c) the marital intercourse with
|
| 820 |
+
the consent of the petitioner has not taken place since the discovery by the
|
| 821 |
+
petitioner of existence of the grounds a decree : Provided further that in the case
|
| 822 |
+
specified in Cl.(iii), the Court shall not grant a decree if,- (a) proceedings have
|
| 823 |
+
not been instituted within one year after the coercion had ceased or, as the case
|
| 824 |
+
may be, the fraud had been discovered; or (b) the petitioner has with his or her
|
| 825 |
+
free consent lived with the other party to the marriage as husband and wife after
|
| 826 |
+
the coercion had ceased or as the case may be, the fraud had been discovered.
|
| 827 |
+
26. Legitimacy of children of void and voidable marriages.- (1) Notwithstanding
|
| 828 |
+
that a marriage is null and void under Sec. 24, any child of such marriage who
|
| 829 |
+
would have been legitimate if the marriage had been valid, shall be legitimate,
|
| 830 |
+
whether such child is born before or after the commencement of the Marriage
|
| 831 |
+
Laws(Amendment) Act, 1976, and whether or not a decree of nullity is granted
|
| 832 |
+
in respect of that marriage under this Act and whether or not the marriage is held
|
| 833 |
+
to be void otherwise than on a petition under this Act. (2) Where a decree of
|
| 834 |
+
nullity is granted in respect of a voidable marriage under Sec.25, any child
|
| 835 |
+
begotten or conceived before the decree is made, who would have been the
|
| 836 |
+
legitimate child of the parties to the marriage if at the date of the decree it has
|
| 837 |
+
been dissolved instead of being annulled, shall be deemed to be their legitimate
|
| 838 |
+
child notwithstanding the decree of nullity. (3) Nothing contained in sub-section
|
| 839 |
+
(1) or sub-section (2) shall be construed as conferring upon any child of a
|
| 840 |
+
marriage which is null and void or which is annulled by a decree of nullity under
|
| 841 |
+
Sec. 25, any rights in or to the property of any person, other than the parents, in
|
| 842 |
+
any case, where, but for the passing of this Act, such child would have been
|
| 843 |
+
incapable of possessing or requiring any such rights by reason of his not being
|
| 844 |
+
the legitimate child of his parents.
|
| 845 |
+
27. Divorce.-(1) Subject to the provisions of this Act and to the rules made
|
| 846 |
+
thereunder, a petition for divorce may be presented to the District Court either by
|
| 847 |
+
the husband or the wife on the ground that the respondent-
|
| 848 |
+
(a) has, after the solemnization of the marriage had voluntary sexual intercourse
|
| 849 |
+
with any person other than his or her spouse; or (b) has deserted the petitioner for
|
| 850 |
+
a continuous period of not less than two years immediately proceeding the
|
| 851 |
+
presentation of the petition; or (c) is undergoing a sentence of imprisonment for
|
| 852 |
+
seven years or more for an offence as defined in the Indian Penal Code (45 of
|
| 853 |
+
1860); or (d) has since the solemnization of the marriage treated the petitioner
|
| 854 |
+
with cruelty; or (e) has been incurably of unsound mind, or has been suffering
|
| 855 |
+
continuously or intermittently from mental disorder of such a kind, and to such
|
| 856 |
+
an extent that the petitioner cannot reasonably be expected to live with the
|
| 857 |
+
respondent.
|
| 858 |
+
Explanation- In this Clause- (a) the expression "mental disorder" means mental
|
| 859 |
+
illness, arrested or incomplete development of mind, psychopathic disorder or
|
| 860 |
+
any other disorder or disability of mind and includes schizophrenia; (b) the
|
| 861 |
+
expression "psychopathic disorder" means a persistent disorder or disability of
|
| 862 |
+
mind (whether or not including sub-normality of intelligence) which results in
|
| 863 |
+
abnormally aggressive or seriously irresponsible conduct on the part of the
|
| 864 |
+
respondent and whether or not it requires or is susceptible to medical treatment;
|
| 865 |
+
or (f) has been suffering from venereal disease in a communicable form; or (g)
|
| 866 |
+
has been suffering from leprosy, the disease not having been contracted from the
|
| 867 |
+
petitioner; or (h) has not been heard of as being alive for a period of seven years
|
| 868 |
+
or more by those persons who would naturally have heard of the respondent if the
|
| 869 |
+
respondent had been alive;
|
| 870 |
+
Explanation- In this sub-section, the expression "desertion" means desertion of
|
| 871 |
+
the petitioner by the other party to the marriage without reasonable cause and
|
| 872 |
+
without the consent or against the wish of such party and includes the wilful
|
| 873 |
+
neglect of the petitioner by the other party to the marriage, and its grammatical
|
| 874 |
+
variations and cognate expressions shall be construed accordingly. (1-A) A wife
|
| 875 |
+
may also present a petitioner for divorce to the District Court on the ground.- (i)
|
| 876 |
+
that her husband has, since the solemnization of the marriage, been guilty of rape,
|
| 877 |
+
sodomy or bestiality; (ii) that in a suit under Sec. 18 of the Hindus Adoptions and
|
| 878 |
+
Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the
|
| 879 |
+
Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec.
|
| 880 |
+
488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as
|
| 881 |
+
the case may be, has been passed against the husband awarding maintenance to
|
| 882 |
+
the wife notwithstanding that she was living apart and that since the passing of
|
| 883 |
+
such decree or order, cohabitation between the parties has not been resumed for
|
| 884 |
+
one year or upwards. (2) Subject to the provisions of the Act and to the Rules
|
| 885 |
+
made thereunder, either party to a marriage, whether solemnized before or after
|
| 886 |
+
the commencement of the Special Marriage (Amendment) Act, 1970, may
|
| 887 |
+
present a petition for divorce to the District Court on the ground- (i) that there has
|
| 888 |
+
been no resumption of cohabitation as between the parties to the marriage for a
|
| 889 |
+
period of one year or upwards after the passing of a decree for judicial separation
|
| 890 |
+
in a proceeding to which they were parties; or (ii) that there has been no restitution
|
| 891 |
+
of conjugal rights as between the parties to the marriage for a period of one year
|
| 892 |
+
or upwards after the passing of a decree for restitution of conjugal rights in a
|
| 893 |
+
proceeding to which they were parties. 27-A. Alternate relief in divorce
|
| 894 |
+
proceedings- In any proceeding under this Act, on a petition for a dissolution of
|
| 895 |
+
marriage by a decree of divorce, except in so far as the petition is founded on the
|
| 896 |
+
ground mentioned in Cl. (h) of sub-section (1) of Sec. 27, the Court may, if it
|
| 897 |
+
considers it just so to do, having regard to the circumstances of the case, pass
|
| 898 |
+
instead a decree for judicial separation.
|
| 899 |
+
28. Divorce by mutual consent.-(1) Subject to the provisions of this Act and to
|
| 900 |
+
the rules made thereunder, a petition for divorce may be presented to the District
|
| 901 |
+
Court by both the parties together on the ground that they have been living
|
| 902 |
+
separately for a period of one year or more, that they have not been able to live
|
| 903 |
+
together and that they have mutually agreed that the marriage should be dissolved.
|
| 904 |
+
(2) On the motion of both the parties made not earlier than six months after the
|
| 905 |
+
date of the presentation of the petition referred to in sub-section (1) and not later
|
| 906 |
+
than eighteen months after the said date, if the petition is not withdrawn in the
|
| 907 |
+
meantime, the District Court shall, on being satisfied, after hearing the parties and
|
| 908 |
+
after making such inquiry as it thinks fit, that a marriage has been solemnized
|
| 909 |
+
under this Act and that the avertments in the petition are true, pass a decree
|
| 910 |
+
declaring the marriage to be dissolved with effect from the date of the decree.
|
| 911 |
+
29. Restriction on petitions for divorce during first three years after marriage.-(1)
|
| 912 |
+
No petition for divorce shall be presented to the District Court unless at the date
|
| 913 |
+
of the presentation of the petition one year has passed since the date of entering
|
| 914 |
+
the certificate of marriage in the Marriage Certificate Book: Provided that the
|
| 915 |
+
District Court may, upon application being made to it allow a petition to be
|
| 916 |
+
presented before one year has passed on the ground that the case is one of
|
| 917 |
+
exceptional hardship suffered by the petitioner or of exceptional depravity on the
|
| 918 |
+
part of the respondent, but if it appears to the District Court at the hearing of the
|
| 919 |
+
Petition that the petitioner obtained leave to present the petition by any
|
| 920 |
+
misrepresentation or concealment of the nature of the case, the District Court
|
| 921 |
+
may, if it pronounces a decree, do so subject to the condition that the decree shall
|
| 922 |
+
not have effect until after the expiry of one year from the date of the marriage or
|
| 923 |
+
may dismiss the petition, without prejudice to any petition, which may be brought
|
| 924 |
+
after the expiration of the said one year upon the same or substantially the same
|
| 925 |
+
facts, as those proved in support of the petition so dismissed. (2) In disposing of
|
| 926 |
+
any application under this section for leave to present a petition for divorce before
|
| 927 |
+
the expiration of one year from the date of the marriage, the District Court shall
|
| 928 |
+
have regard to the interests of any children of the marriage, and to the question
|
| 929 |
+
whether there is a reasonable probability of a reconciliation between the parties
|
| 930 |
+
before the expiration of the said one year.
|
| 931 |
+
30. Re-marriage of divorced persons- Where a marriage has been dissolved by a
|
| 932 |
+
decree of divorce, and either there is no right of appeal against the decree or if
|
| 933 |
+
there is such a right of appeal, the time for appealing has expired without an
|
| 934 |
+
appeal having been presented or an appeal has been presented but has been
|
| 935 |
+
dismissed, either party to the marriage may marry again.
|
| 936 |
+
CHAPTER VII
|
| 937 |
+
Jurisdiction and Procedure
|
| 938 |
+
31. Court to which petition should be made.- (1) Every petition under Chapter V
|
| 939 |
+
or Chapter VI shall be presented to the District Court within the local limits of
|
| 940 |
+
whose original civil jurisdiction- (i) the marriage was solemnized; or (ii)the
|
| 941 |
+
respondent, at the time of the presentation of the petition resides; or (iii) the
|
| 942 |
+
parties to the marriage last resided together; or (iv) the petitioner is residing at the
|
| 943 |
+
time of the presentation of the petition, in a case where the respondent is, at that
|
| 944 |
+
time, residing outside the territories to which this Act extends or has not been
|
| 945 |
+
heard of as being alive for a period of seven years by those who would naturally
|
| 946 |
+
have heard of him if he was alive. (2) Without prejudice to any jurisdiction
|
| 947 |
+
exercisable by the Court under sub-section (1), the District Court may, by virtue
|
| 948 |
+
of this sub-section, entertain a petition by a wife domiciled in the territories to
|
| 949 |
+
which this Act extends for nullity of marriage or for divorce if she is resident in
|
| 950 |
+
the said territories and has been ordinarily resident , therein for a period of three
|
| 951 |
+
years immediately preceding the presentation of the petition and the husband is
|
| 952 |
+
not resident in the said territories.
|
| 953 |
+
32. Contents and verification of petitions.- (1) Every petition under Chapter V or
|
| 954 |
+
Chapter VI shall state, as distinctly as the nature of the case permits, the facts on
|
| 955 |
+
which the claim to relief is founded and shall also state that there is no collusion
|
| 956 |
+
between the petitioner and the other party to the marriage. (2) The statements
|
| 957 |
+
contained in every such petition shall be verified by the petitioner or some other
|
| 958 |
+
competent person in the manner required by law for the verification of plaints and
|
| 959 |
+
may, at the hearing, be referred to as evidence.
|
| 960 |
+
33. Proceedings to be in camera and may not be printed or published.- (1) Every
|
| 961 |
+
proceeding under this Act shall be conducted in camera and it shall not be lawful
|
| 962 |
+
for any person to print or publish any matter in relation to any such proceeding
|
| 963 |
+
except a judgment of the High Court or of the Supreme Court printed or published
|
| 964 |
+
with the previous permission of the Court. (2) If any person prints or publishes
|
| 965 |
+
any matter in contravention of the provisions contained in sub-section (1), he shall
|
| 966 |
+
be punishable with fine which may extend to one thousand rupees.
|
| 967 |
+
34. Duty of Court in passing decrees.-(1) In any proceeding under Chapter V or
|
| 968 |
+
Chapter VI, whether defended or not, if the Court if satisfied that,- (a) any of the
|
| 969 |
+
grounds for granting relief exists; and (b) where the petition is founded on the
|
| 970 |
+
ground specified in Cl.(a) of sub-section (1) of Sec. 27, the petitioner has not in
|
| 971 |
+
any manner been accessory to or connived at or condoned the act of sexual
|
| 972 |
+
intercourse referred to therein or where the ground of the petition is cruelty, the
|
| 973 |
+
petitioner has not in any manner condoned the cruelty; and (c) when divorce is
|
| 974 |
+
sought on the ground of mutual consent, such consent has not been obtained by
|
| 975 |
+
force, fraud or undue influence; and (d) the petition is not presented or prosecuted
|
| 976 |
+
in collusion with the respondent; and (e) there has not been any unnecessary or
|
| 977 |
+
improper delay in instituting the proceedings; and (f) there is no other legal
|
| 978 |
+
ground why the relief should not be granted; then, and in such a case, but not
|
| 979 |
+
otherwise, the Court shall decree such relief accordingly. (2) Before proceeding
|
| 980 |
+
to grant any relief under this Act it shall be the duty of the Court in the first
|
| 981 |
+
instance, in every case where it is possible so to do consistently with the nature
|
| 982 |
+
and circumstances of the case, to make every endeavour to bring about a
|
| 983 |
+
reconciliation between the parties : Provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the
|
| 984 |
+
grounds specified in Cls.(c), (e), (f), (g) and (h) of sub-section (1) of Sec.27. (3)
|
| 985 |
+
For the purpose of aiding the Court in bringing about such reconciliation, the
|
| 986 |
+
Court may, if the parties so desire or if the Court thinks it just and proper so to
|
| 987 |
+
do, adjourn the proceedings for a reasonable period not exceeding fifteen days,
|
| 988 |
+
and refer the matter to any person named by the parties in this behalf or to any
|
| 989 |
+
person nominated by the Court if the parties fail to name any person, with
|
| 990 |
+
directions to report to the Court as to whether reconciliation can be and has been
|
| 991 |
+
effected and the Court shall in disposing of the proceeding have due regard to the
|
| 992 |
+
report. (4) In every case where a marriage is dissolved by a decree of divorce, the
|
| 993 |
+
Court passing the decree shall give a copy thereof free of cost to each of the
|
| 994 |
+
parties.
|
| 995 |
+
35. Relief for respondent in divorce and other proceedings.-- In any proceeding
|
| 996 |
+
for divorce or judicial separation or restitution of conjugal rights, the respondent
|
| 997 |
+
may not only oppose the relief sought on the ground of petitioner's adultery,
|
| 998 |
+
cruelty or desertion, but also make counter-claim for any relief under this Act on
|
| 999 |
+
that ground, and if the petitioner's adultery, cruelty or desertion is proved, the
|
| 1000 |
+
Court may give to the respondent any relief under this Act to which he or she
|
| 1001 |
+
would have been entitled if he or she had presented a petition seeking such relief
|
| 1002 |
+
on that ground.
|
| 1003 |
+
36. Alimony pendente lite.-- Where in any proceeding under Chapter V or
|
| 1004 |
+
Chapter VI it appears to the District Court that the wife has no independent
|
| 1005 |
+
income sufficient for her support and the necessary expenses of the proceeding,
|
| 1006 |
+
it may, on the application of the wife, order the husband to pay to her the expenses
|
| 1007 |
+
of the proceeding, and weekly or monthly during the proceeding such sum as
|
| 1008 |
+
having regard to the husband's income, it may seem to the Court to be reasonable.
|
| 1009 |
+
37. Permanent alimony and maintenance.--(1) Any Court exercising jurisdiction
|
| 1010 |
+
under Chapter V or Chapter VI may, at the time of passing any decree or at any
|
| 1011 |
+
time subsequent to the decree, on application made to it for the purpose, order
|
| 1012 |
+
that the husband shall secure to the wife for her maintenance and support, if
|
| 1013 |
+
necessary, by a charge on the husband's property, such gross sum or such monthly
|
| 1014 |
+
or periodical payment of money for a term not exceeding her life, as having regard
|
| 1015 |
+
to her own property, if any, her husband's property and ability, the conduct of the
|
| 1016 |
+
parties and other circumstances of the case it may seem to the Court to be just.
|
| 1017 |
+
(2) If the District Court is satisfied that there is a change in the circumstances of
|
| 1018 |
+
either party at any time after it has made an order under sub-section (1), it may at
|
| 1019 |
+
the instance of either party, vary, modify or rescind any such order in such manner
|
| 1020 |
+
as it may seem to the Court to be just. (3) If the District Court is satisfied that the
|
| 1021 |
+
wife in whose favour an order has been made under this section has remarried or
|
| 1022 |
+
is not leading a chaste life, it may, at the instance of the husband vary, modify or
|
| 1023 |
+
rescind any such order and in such manner as the Court may deem just.
|
| 1024 |
+
38. Custody of children.-- In any proceeding under Chapter V or Chapter VI the
|
| 1025 |
+
District Court may, from time to time, pass such interim orders and make such
|
| 1026 |
+
provisions in the decree as it may seem to it to be just and proper with respect to
|
| 1027 |
+
the custody, maintenance and education of minor children, consistently with their
|
| 1028 |
+
wishes wherever possible, and may, after the decree, upon application by petition
|
| 1029 |
+
for the purpose, make, revoke, suspend or vary, from time to time, all such orders
|
| 1030 |
+
and provisions with respect to the custody, maintenance and education of such
|
| 1031 |
+
children as might have been made by such decree or interim orders in case the
|
| 1032 |
+
proceeding for obtaining such decree were still pending.
|
| 1033 |
+
39. Appeals from decrees and orders.--(1) All decrees made by the Court in any
|
| 1034 |
+
proceeding under Chapter V or Chapter VI shall, subject to the provisions of subsection (3), be appealable as decrees of the Court made in the exercise of its
|
| 1035 |
+
original civil jurisdiction, and such appeal shall lie to the Court to which appeals
|
| 1036 |
+
ordinarily lie from the decisions of the Court given in the exercise of its original
|
| 1037 |
+
civil jurisdiction. (2) Orders made by the Court in any proceeding under this Act
|
| 1038 |
+
under Sec.37 or Sec.38 shall subject to the provisions of Sub-section (3), be
|
| 1039 |
+
appealable if they are not interim orders, and every such appeal shall lie to the
|
| 1040 |
+
Court to which appeals ordinarily lie from the decisions of the Court given in the
|
| 1041 |
+
exercise of its original civil jurisdiction. (3) There shall be no appeal under this
|
| 1042 |
+
section on the subject of the costs only. (4) Every appeal under this section shall
|
| 1043 |
+
be preferred within a period of thirty days from the date of the decree or order.
|
| 1044 |
+
39-A. Enforcement of decrees and orders.-- All decrees and orders made by the
|
| 1045 |
+
Court in any proceeding under Chapter V or Chapter VI shall be enforced in the
|
| 1046 |
+
like manner as the decrees and orders of the Court made in the exercise of its
|
| 1047 |
+
original civil jurisdiction for the time being are enforced.
|
| 1048 |
+
40. Application of Act 5 of 1908.-- Subject to the other provisions contained in
|
| 1049 |
+
this Act, and to such rules as the High Court may make in this behalf, all
|
| 1050 |
+
proceedings under this Act shall be regulated, as far as may be, by the Code of
|
| 1051 |
+
Civil Procedure, 1908.
|
| 1052 |
+
40-A. Power to transfer petitions in certain cases.--(1) Where-- (a) a petition
|
| 1053 |
+
under this Act has been presented to the District Court having jurisdiction by a
|
| 1054 |
+
party to the marriage praying for a decree for judicial separation under Sec.23 or
|
| 1055 |
+
for a decree of divorce under Sec.27, and (b) another petition under this act has
|
| 1056 |
+
been presented thereafter by the other party to the marriage praying for decree for
|
| 1057 |
+
judicial separation under Sec.23, or for decree of divorce under Sec.27 on any
|
| 1058 |
+
ground whether in the same District Court or in a different District Court, in the
|
| 1059 |
+
same State or in a different State. the petition shall be dealt with as specified in
|
| 1060 |
+
sub-section (2). (2) In a case where sub-section (1) applies.-- (a) if the petitions
|
| 1061 |
+
are presented to the same District Court, both the petitions shall be tried and heard
|
| 1062 |
+
together by that District Court : (b) if the petitions are presented to different
|
| 1063 |
+
District Courts the petition presented later shall be transferred to the District
|
| 1064 |
+
Court in which the earlier petition was presented and both the petitions shall be
|
| 1065 |
+
heard and disposed of together by the District Court in which the earlier petition
|
| 1066 |
+
was presented. (3) In a case where Cl. (b) of sub-section (2) applies, the Court or
|
| 1067 |
+
the Government, as the case may be, competent under the Code of Civil
|
| 1068 |
+
Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the District
|
| 1069 |
+
Court in which the later petition has been presented to the District Court in which
|
| 1070 |
+
the earlier petition is pending shall exercise its powers to transfer such later
|
| 1071 |
+
petition as if it had been empowered so to do under the said Code.
|
| 1072 |
+
40-B. Special provision relating to trial and disposal of petitions under the Act.-
|
| 1073 |
+
(1) The trial of a petition under this Act shall so far as is practicable consistently
|
| 1074 |
+
with the interests of justice in respect of the trial, be continued from day to day
|
| 1075 |
+
until its conclusion, unless the Court finds the adjournment of the trial beyond the
|
| 1076 |
+
following day to be necessary for reasons to be recorded. (2) Every petition under
|
| 1077 |
+
this Act shall be tried as expeditiously as possible and endeavour shall be made
|
| 1078 |
+
to conclude the trial within six months from the date of service of notice of the
|
| 1079 |
+
petition on the respondent. (3) Every appeal under this Act shall be heard as
|
| 1080 |
+
expeditiously as possible, and endeavour shall be made to conclude the hearing
|
| 1081 |
+
within three months from the date of service of notice of appeal on the respondent.
|
| 1082 |
+
40-C. Documentary evidence.-- Notwithstanding anything contained in any
|
| 1083 |
+
enactment to the contrary, no document shall be inadmissible in evidence in any
|
| 1084 |
+
proceeding at the trial of a petition under this Act on the ground that it is not duly
|
| 1085 |
+
stamped or registered.
|
| 1086 |
+
41. Power of High Court to make rules regulating procedure.--(1) The High Court
|
| 1087 |
+
shall, by notification in the Official Gazette, make such rules consistent with the
|
| 1088 |
+
provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of
|
| 1089 |
+
1908), as it may consider expedient for the purpose of carrying into effect the
|
| 1090 |
+
provisions of Chapters V, VI and VII. (2) In particular, and without prejudice to
|
| 1091 |
+
the generality of the foregoing provision, such rules shall provide for.-- (a) the
|
| 1092 |
+
impleading by the petitioner of the adulterer as a co-respondent on a petition for
|
| 1093 |
+
divorce on the ground of adultery, and the circumstances in which the petitioner
|
| 1094 |
+
may be excused from doing so: (b) the awarding of damages against any such corespondent, (c) the intervention in any proceeding under Chapter V or Chapter VI
|
| 1095 |
+
by any person not already a party thereto : (d) the form and contents of petitions
|
| 1096 |
+
for nullity of marriage or for divorce and the payment of costs incurred by parties
|
| 1097 |
+
to such petitions ; and (e) any other matter for which no provision or no sufficient
|
| 1098 |
+
provision is made in this Act, and for which provision is made in the Indian
|
| 1099 |
+
Divorce Act, 1869 (4 of 1869).
|
| 1100 |
+
42. Saving.-- Nothing contained in this Act shall affect the validity of any
|
| 1101 |
+
marriage not solemnized under its provisions; not shall this Act be deemed
|
| 1102 |
+
directly or indirectly to affect the validity of any mode of contracting marriage.
|
| 1103 |
+
43. Penalty on married person marrying again under this Act.-- Save as otherwise
|
| 1104 |
+
provided in Chapter III, every person who, being at the time married procures a
|
| 1105 |
+
marriage of himself or herself to be solemnized under this Act shall be deemed
|
| 1106 |
+
to have committed an offence under Sec. 494 or Sec. 495 of the Indian Penal
|
| 1107 |
+
Code 1860 (45 of 1860), as the case may be, and the marriage so solemnized shall
|
| 1108 |
+
be void.
|
| 1109 |
+
44. Punishment of bigamy.-- Every person whose marriage is solemnized under
|
| 1110 |
+
this Act and who, during the lifetime of his or her wife or husband, contracts any
|
| 1111 |
+
other marriage shall be subject to the penalties provided in Secs.494 and 495 of
|
| 1112 |
+
the Indian Penal Code, 1860 (45 of 1860) for the offence of marrying again during
|
| 1113 |
+
the lifetime of a husband of wife, and the marriage so contracted shall be void.
|
| 1114 |
+
45. Penalty for signing false declaration or certificate.-- Every person making,
|
| 1115 |
+
signing or attesting any declaration or certificate required by or under this Act
|
| 1116 |
+
containing a statement which is false and which he either knows or believes to be
|
| 1117 |
+
false or does not believe to be true shall be guilty of the offence described in
|
| 1118 |
+
Sec.199 of the Indian Penal Code, 1860 (45 of 1860).
|
| 1119 |
+
46. Penalty for wrongful action of Marriage Officer.-- Any Marriage Officer who
|
| 1120 |
+
knowingly and willfully solemnizes a marriage under this Act,-- (1) without
|
| 1121 |
+
publishing a notice regarding such marriage as required by Sec.5 ; or (2) within
|
| 1122 |
+
thirty days of the publication of the notice such marriage; or (3) in contravention
|
| 1123 |
+
of any other provision contained in this Act, shall be punishable with simple
|
| 1124 |
+
imprisonment for a term which may extend to one year, or with fine which may
|
| 1125 |
+
extend to five hundred rupees, or with both.
|
| 1126 |
+
47. Marriage Certificate Book to be open to inspection--(1) The Marriage
|
| 1127 |
+
Certificate Book kept under this Act shall at all reasonable times be open for
|
| 1128 |
+
inspection and shall be admissible as evidence of the statements therein
|
| 1129 |
+
contained. (2) Certified extracts from the Marriage Certificate Book shall, on
|
| 1130 |
+
application, be given by the Marriage Officer to the applicant on payment by him
|
| 1131 |
+
of the prescribed fee.
|
| 1132 |
+
48. Transmission of copies of entries in marriage records.-- Every Marriage
|
| 1133 |
+
Officer in a State shall send to Registrar-General of Births, Deaths and Marriages
|
| 1134 |
+
of that State at such intervals and in such form as may be prescribed, a true copy
|
| 1135 |
+
of all entries made by him in the Marriage Certificate Book since the last of such
|
| 1136 |
+
intervals, and in the case of Marriage Officers outside the territories to which this
|
| 1137 |
+
Act extends, the true copy shall be sent to such authority as the Central
|
| 1138 |
+
Government may specify in this behalf.
|
| 1139 |
+
49. Correction of errors.--(1) Any Marriage Officer who discovers any error in
|
| 1140 |
+
the form or substance of any entry in the Marriage Certificate Book may, within
|
| 1141 |
+
one month next after the discovery of such error, in the presence of the persons
|
| 1142 |
+
married, or in case of their death or absence, in the presence of two other credible
|
| 1143 |
+
witnesses, correct the error by entry in the margin without any alteration of the
|
| 1144 |
+
original entry and shall sign the marginal entry and add thereto the date of such
|
| 1145 |
+
correction and the Marriage Officer shall make the like marginal entry in the
|
| 1146 |
+
certificate thereof. (2) Every correction made under this section shall be attested
|
| 1147 |
+
by the witnesses in whose presence it was made. (3) Where a copy of any entry
|
| 1148 |
+
has already been sent under Sec. 48 to the Registrar-General or other authority
|
| 1149 |
+
the Marriage Officer shall make and send in the like manner a separate certificate
|
| 1150 |
+
of the original erroneous entry and of the marginal corrections therein made.
|
| 1151 |
+
50. Power to make rules.--(1) The Central Government, in the case of officers of
|
| 1152 |
+
the Central Government, and the State Government, in all other cases, may, by
|
| 1153 |
+
notification in the Official Gazette, make rules for carrying out the purposes of
|
| 1154 |
+
this Act. (2) In particular, and without prejudice to the generality of the foregoing
|
| 1155 |
+
power, such rules may provide for all or any of the following matters, namely:
|
| 1156 |
+
(a) the duties and powers of Marriage Officers and the areas in which they may
|
| 1157 |
+
exercise jurisdiction; (b) the manner in which a Marriage Officer may hold
|
| 1158 |
+
inquiries under this Act and the procedure therefore: (c) the form and manner in
|
| 1159 |
+
which any books required by or under this Act shall be maintained: (d) the fees
|
| 1160 |
+
that may be levied for the performance of any duty imposed upon a Marriage
|
| 1161 |
+
Officer under this Act; (e) the manner in which public notice shall be given under
|
| 1162 |
+
Sec. 16: (f) the form in which, and the intervals within which, copies of entries in
|
| 1163 |
+
the Marriage Certificate Book shall be sent in pursuance of Sec.48: (g) any other
|
| 1164 |
+
matter which may be or requires to be prescribed. (3) Every rule made by the
|
| 1165 |
+
Central Government under this Act shall be laid, as soon as may be after it is
|
| 1166 |
+
made, before each House of Parliament, while it is in session, for a total period
|
| 1167 |
+
of thirty days which may be comprised in one session or in two or more
|
| 1168 |
+
successive sessions, and if, before the expiry of the session immediately
|
| 1169 |
+
following the session or the successive sessions aforesaid, both Houses agree in
|
| 1170 |
+
making any modification in the rule or both Houses agree that the rule should not
|
| 1171 |
+
be made, the rule shall thereafter have effect only in such modified form, or be of
|
| 1172 |
+
no effect as the case may be; so, however, that any such modification or
|
| 1173 |
+
annulment shall be without prejudice to the validity of anything previously done
|
| 1174 |
+
under that rule. (4) Every rule made by the State Government under this Act shall
|
| 1175 |
+
be laid, as soon as it is made, before the State Legislature.
|
| 1176 |
+
51. Repeals and savings.-(1) The Special Marriage Act, 1872 (3 of 1872), and
|
| 1177 |
+
any law corresponding to the Special Marriage Act, 1872, in force in any Part B
|
| 1178 |
+
State immediately before the commencement of this Act are hereby repealed. (2)
|
| 1179 |
+
Notwithstanding such repeal.- (a) all marriages duly solemnized under Special
|
| 1180 |
+
Marriage Act, 1872 (3 of 1872) or any such corresponding law shall be deemed
|
| 1181 |
+
to have been solemnized under this Act: (b) all suits and proceeding in causes and
|
| 1182 |
+
matters matrimonial which, when this Act comes into operation, are pending in
|
| 1183 |
+
any Court shall be dealt with and decided by such Court, so far as may be, as if
|
| 1184 |
+
they had been originally instituted therein under this Act. (3) The provisions of
|
| 1185 |
+
sub-section (2) shall be without prejudice to the provisions contained in Sec. 6 of
|
| 1186 |
+
the General Clauses Act, 1897 (10 of 1897) which shall also apply to the repeal
|
| 1187 |
+
of the corresponding law as if such corresponding law had been an enactment.
|
| 1188 |
+
THE FIRST SCHEDULE
|
| 1189 |
+
(See Sec.2 (b))
|
| 1190 |
+
Degree of Prohibited Relationship 1. Mother 2. Father's widow (step-mother) 3.
|
| 1191 |
+
Mother's mother 4. Mother's father's widow (step grand-mother) 5. Mother's
|
| 1192 |
+
mother's mother 6. Mother's mother's father's widow (step-great-grandmother) 7.
|
| 1193 |
+
Mother's father's mother 8. Mother's father's father's widow (step-greatgrandmother) 9. Father's mother 10. Father's father's widow (step-grandmother)
|
| 1194 |
+
11. Father's mother's mother 12. Father's mother's father's widow (step-greatgrandmother) 13. Father's father's mother 14. Father's father's father's widow
|
| 1195 |
+
(step-great-grandmother) 15. Daughter 16. Son's widow 17. Daughter's daughter
|
| 1196 |
+
18. Daughter's son's widow 19. Son's daughter 20. Son's son's widow 21.
|
| 1197 |
+
Daughter's daughter's daughter 22. Daughter's daughter's son's widow 23.
|
| 1198 |
+
Daughter's son's daughter 24. Daughter's son's son's widow 25. Son's daughter's
|
| 1199 |
+
daughter 26. Son's daughter's son's widow 27. Son's son's daughter 28. Son's son's
|
| 1200 |
+
son's widow 29. Sister 30. Sister's daughter 31. Brother's daughter 32. Mother's
|
| 1201 |
+
sister 33.Father's sister 34. Father's brother's daughter 35. Father's sister's
|
| 1202 |
+
daughter 36. Mother's sister's-daughter 37. Mother's brother's daughter
|
| 1203 |
+
Explanation.- For the purposes of this Part, the expression "widow" includes a
|
| 1204 |
+
divorced wife. PART II 1. Father 2. Mother's husband (step-father) 3. Father's
|
| 1205 |
+
father 4. Father's mother's husband (step-grandmother) 5. Father's father's father
|
| 1206 |
+
6. Father's father's mother's husband (step-great-grandfather) 7. Father's mother's
|
| 1207 |
+
father 8. Father's mother's mother's husband (step-great-grandfather) 9. Mother's
|
| 1208 |
+
father 10. Mother's mother's husband (step-grandfather) 11. Mother's father's
|
| 1209 |
+
father 12. Mother's father's mother's husband (step-great-grandfather) 13.
|
| 1210 |
+
Mother's mother's father 14. Mother's mother's mother's husband(step-greatgrandfather) 15. Son 16. Daughter's husband 17. Son's son 18. Son's daughter's
|
| 1211 |
+
husband 19. Daughter's son 20. Daughter's daughter's husband 21. Son's son's son
|
| 1212 |
+
22. Son's son's daughter's husband 23. Son's daughter's son 24. Son's daughter's
|
| 1213 |
+
daughter's husband 25. Daughter's son's son 26. Daughter's son's daughter's
|
| 1214 |
+
husband 27. Daughter's daughter's son 28. Daughter's daughter's daughter's
|
| 1215 |
+
husband 29. Brother 30. Brother's son 31. Sister's son 32. Mother's brother 33.
|
| 1216 |
+
Father's brother 34. Father's brother's son 35. Father's sister's son 36. Mother's
|
| 1217 |
+
sister's son 37. Mother's brother's son Explanation- for the purposes of this Part,
|
| 1218 |
+
the expression "husband' includes a divorced husband.
|
| 1219 |
+
THE SECOND SCHEDULE
|
| 1220 |
+
(See section 5)
|
| 1221 |
+
NOTICE OF INTENDED MARRIAGE
|
| 1222 |
+
To
|
| 1223 |
+
Marriage Officer for the ………………….District.
|
| 1224 |
+
We hereby give you notice that a marriage under Special Marriage Act, 1954, is
|
| 1225 |
+
intended to be solemnized between us within three calendar months from the date
|
| 1226 |
+
hereof.
|
| 1227 |
+
A, B. Unmarried
|
| 1228 |
+
Widower Divorcee
|
| 1229 |
+
C.D. Unmarried Widow Divorcee
|
| 1230 |
+
Witness our hands this …………………………………………..day of
|
| 1231 |
+
………………….19.
|
| 1232 |
+
(S.d.) A.B. (S.d.) C.D.
|
| 1233 |
+
THE THIRD SCHEDULE
|
| 1234 |
+
(See section 11)
|
| 1235 |
+
DECLARATION TO BE MADE BY THE BRIDEGROOM
|
| 1236 |
+
I, A.B., hereby declare as follows:-
|
| 1237 |
+
1.I am at the present time unmarried (or a widower or a divorcee, as the case may
|
| 1238 |
+
be).
|
| 1239 |
+
2.I have completed…………………years of age.
|
| 1240 |
+
3.I am not related to C.D. (the bride) within the degrees of prohibited relationship.
|
| 1241 |
+
4.I am aware that, if any statement in this declaration is false, and if in making
|
| 1242 |
+
such statement, I either know or believe it to be false or do not believe it to true.I
|
| 1243 |
+
am liable to imprisonment and also to fine.
|
| 1244 |
+
(S.d), A.B. (the Bridegroom)
|
| 1245 |
+
DECLARATION TO BE MADE BY HE BRIDE
|
| 1246 |
+
I, C.D., hereby declare as follows;-
|
| 1247 |
+
1.I am at the present time unmarried (or a widow or a divorcee, as the case may
|
| 1248 |
+
be).
|
| 1249 |
+
2.I have completed……………………………………..years of age.
|
| 1250 |
+
3.I am not related to A.B. (the Bridegroom) within the degrees of prohibited
|
| 1251 |
+
relationship.
|
| 1252 |
+
4.I am aware that, if any statement in this declaration is false, and if in making
|
| 1253 |
+
such statement I either know or believe it to be false or do not believe it to be
|
| 1254 |
+
true, I am liable to imprisonment and also to fine.
|
| 1255 |
+
(S.d) C.D. (the Bride)
|
| 1256 |
+
Signed in our presence by the above-named A.B. and C.D. so far as we are aware
|
| 1257 |
+
there is no lawful impediment to the marriage.
|
| 1258 |
+
(S.d) G.H.
|
| 1259 |
+
(S.d) I.J Three witness
|
| 1260 |
+
(S.d) K.L.
|
| 1261 |
+
Countersigned E.F.,
|
| 1262 |
+
Marriage Officer.,
|
| 1263 |
+
Dated the day of 20
|
| 1264 |
+
THE FOURTH SCHEDULE
|
| 1265 |
+
(See Section 13)
|
| 1266 |
+
CERTIFICATE OF MARRIAGE
|
| 1267 |
+
I, E.F.hereby certify that on the day
|
| 1268 |
+
Of 20 A.B.and C.D.* { * Herein give particulars of the parties} before me and
|
| 1269 |
+
that each of them, in my presence and in the presence of three witnesses who have
|
| 1270 |
+
signed hereunder, made the declarations of required by section 11 and that a
|
| 1271 |
+
marriage under this Act was the solemnized between them in my presence
|
| 1272 |
+
(S.d) E.F., Marriage Officer for (S.d) A.B., Bridegroom (S.d) C.D., Bride
|
| 1273 |
+
(S.d) G.H.,
|
| 1274 |
+
(S.d) I.J.
|
| 1275 |
+
Three witnesses
|
| 1276 |
+
(S.d) K.L
|
| 1277 |
+
Dated the day of 20
|
| 1278 |
+
THE FIFTH SCHEDULE
|
| 1279 |
+
(See section 16)
|
| 1280 |
+
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
|
| 1281 |
+
I, E.F., hereby certify that A.B.and C.D.* appeared before me {*Here in give
|
| 1282 |
+
particulars of the parties} this day 20 and that each of them, in my presence have
|
| 1283 |
+
declared that a ceremony of marriage has been performed between them and that
|
| 1284 |
+
they have been living together as husband and wife wince the time of their
|
| 1285 |
+
marriage, and that in accordance with their desire to have their marriage
|
| 1286 |
+
registered under this Act the said marriage has, this
|
| 1287 |
+
Day of 19 been registered under this Act, having effect as from
|
| 1288 |
+
(S.d) E.F. Marriage Officer for (S.d) A.B. Husband (S.d) C.D. Wife
|
| 1289 |
+
(S.d) G.H. (S.d) I.J. Three witnesses. (S.d) K.L.
|
| 1290 |
+
Dated the day of 20.
|