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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.