LEGAL ASPECTS OF MARRIAGE IN INDIA

A Hindu marriage can take place according to the customary rites and ceremonies.

       The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage.

 

____________________________________________________________________

Hindu Marriage Act, 1955

 

Hindu Marriage Act,1955

[25 of 1955,dt. 18-5-1955]

An Act to amend and codify the law relating to marriage among Hindu

Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:

 

 

TABLE OF CONTENTS

 

 

 

 

Chapter 1

Preliminary

1.         Short title and extent

(1)        This Act may be called the Hindu Marriage Act, 1955.

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

2          Application of act

(1)        This act applies

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

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

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

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

(a)        any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists,  Jainas or Sikhs by religion.

(b)        any child legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh  by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs; and

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

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

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

COMMENT

Where one was initially a Hindu upon conversion to Islam, files a suit claiming dissolution of marriage on the ground of his ceasing to be a Hindu, it was held that the suit could not be maintained.-Zulfiquer Ali v. Anuradha 1985 (2) An. LT 86.

3          Definitions

In this Act, unless the context otherwise requires,

(a)        the expressions “custom” and “usage” signify any rule which, having  been continuously and uniformly observed  for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family;

PROVIDED that the rule is certain and not unreasonable or opposed to public policy;

PROVIDED FURTHER that in the case of rule applicable only to a family  it has not been discontinued by the family;

(b)        “district court” means, in any area which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in resect of the matters dealt with in this Act.

(c)        “full blood “and “half blood”- two persons are said to be related to each other by full blood when they were descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives ;

(d)       “uterine blood” - two persons are said to be related to each other by uterine blood when they are descended from a common ancestor but by different husbands.

Explanation: In clauses (c) and (d) "ancestor” includes the father and “ancestress” the mother ;

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

(f)        (i)         “sapinda relationship” with reference to any person extends as far as    the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.

(ii)        two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

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

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

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

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

(iv)       if the  two are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of two brother or of two sister;

Explanation- For the purposes of clauses (f) and (g), relationship includes:-

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

(ii)        illegitimate blood relationship as well as legitimate ;

(iii)             (iii)              relationship by adoption as well as by blood ;

            and all terms of relationship in those clauses shall be constructed accordingly

COMMENTS

Section 3(b): It is within the power  of  State Government to issue notification and designate any other civil court having jurisdiction in respect of the matters dealt with in this Act. In the case of transferring the proceedings by the District Judge to the court of extra Assistant Judge, appeal would lie to the District Court and not to the High Court -Bhaskar Padma v. Meera Bai 1983 HLR 584.

Section 3(f): The question whether the two are sapindas of each other is to be decided on the basis of the definition as laid down under the Hindu Marriage Act,1955. Text would be of no help in this regard. Sudarsan Narkar v.Amina Mandal 1982 HLR 277.

4          Overriding effect of Act

Save as otherwise expressly provided in this Act :-

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

(b)   (b)   any other law in force immediately before the commencement of this Act shall cease to have effect insofar as it is inconsistent with any of the provisions contained in this Act.

 

Chapter II

Hindu Marriages

5.         Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following condition are fulfilled,  namely:-

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

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

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

(b)        though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c )       has been subject to recurrent attacks of insanity² [***]

(iii)       the bridegroom has completed the age of ³[twenty one years] and the bride, the age of  ⁴[eighteen years] at the time of marriage

(iv)       the parties are not within the degrees of prohibited relationship, unless the custom or usage  governing each of them permits of a marriage between the two;

(v)        the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; ⁵[***].

COMMENTS

Hindu Marriage Act not only makes bigamous marriage void but also punishable under s.17 read with sections 494 and 495 of Indian Penal Code. What is to be established is that the second marriage is valid but for this provision and the spouse to the first marriage is the  legally wedded spouse and the that marriage is having its existence on the date second marriage is solemnized- Gopal Lal v. State of Maharashtra AIR 1979 SC 713

In order to render second marriage invalid, it is necessary to establish first marriage as valid. Where an application to claim maintenance is moved by second wife, onus is upon the husband establishing the second marriage in contravention of the provisions of cl.(1) of s.5 -Mohan Ram v. Badamo Devi 1974 cr. LJ 227

Suffering from schizophrenia as a sound ground for a decree of nullity. Whether the disease is curable or not does not make any difference. Where in due course the disease is cured, it would not affect the question of validity of marriage.-Tulsi Bai v. Manoharan 1990 (1)HLR 318

It is not the requirements that a person should be insane or suffering from epilepsy at the time of marriage. It is sufficient if he or  she had been subject to recurrent attacks of insanity or epilepsy-Bala Krishna v. Lalitha 1984 (1)APLJ 32

In the case of a bigamous marriage, it is necessary to establish the performance of essential ceremonies which constitute a valid marriage and thereafter leading some evidence in support thereof. -Ashok Kumar v. Krishna Kumari 1993(1) HLR 114

The expression “connivance” suggests some aiding or abetting which is active or some conduct sufficient to infer such aiding or abetting within the term “connivance”is included such conduct which would amount to passive acceptance of the lapse of the wife and the other men concerned-Krushan Chandra Patra v. Tanu Patra 1993 (1) HLR 116

The expression “procreate” having a very wide meaning, indicating capacity of spouse to give birth as also to rear up the children.-Alka Sharma v.A.C.Sharma AIR 1991 MP 205.

Where the marriage is solemnized, disregarding the provision of Child Marriage Restraint Act, the petition of the wife claiming restitution of conjugal rights is liable to be dismissed.-Dinesh v.Rekha 1986 (1)HLR 265

6          Guardianship in marriage

[Repealed by the Child Marriage Restraint (Amendment), Act., 1978, w.e.f. 1-10-1978]

7.         Ceremonies for a Hindu marriage

(1)        A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2)        Where such rites and ceremonies includes the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

COMMENTS

Solemnization of marriage through the performance of Karewa ceremony amounts to a valid marriage as per the customary rites prevailing in Punjab but where the husband and the lady is alive on the date the marriage is solemnized, marriage would be treated as void.-Veena Rani v.Jagdish Mitter 1990(1)HLR113

8.         Registration of Hindu marriages

(1)        For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage, may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be  prescribed in a Hindu Marriage Register kept for the purpose.

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

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

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

(5)        Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

COMMENTS

The mere fact that marriage has been registered would not convert an invalid marriage into valid one. In the case of an invalid marriage which has been registered a suit for declaration of marriage as invalid is maintainable.-Krishan Paul v.Ashok Kumar Paul 1982 HLR478

 

Chapter III

Restitution of conjugal rights and judicial sepration.

 

9.         Restitution of conjugal rights

¹[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

²[Explanation: Where a question aries  whether there has been reasonable excuse for withdrawal from the  society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the  society.]

            ³[***]

COMMENTS

As during the  lifetime of first spouse living, the second marriage is void, the man marrying when his first wife is living cannot claim restitution as against the second wife. Asha Kumari v.Satish Kumar 1990(1)HLR7

In case there is continuous demand of dowry on the part of husband, this would amount to giving reasonable cause to the wife to withdraw herself from the society of the husband.-Narinder Kumar v.Chander Prabha 1990(1)HLR518

Where a suspicious husband writing letters to the wife raising baseless allegations and unwilling to regret in spite of the fact that wife is not willing reconcile, it is not only the husband who is at fault in case the wife denies him his conjugal rights.-A.B.Bakre v.B.S.Bakre AIR 1991 Bom 165

Leaving home by the husband intending thereby terminating cohabitation permanently that conduct would amount to desertion on the part of husband. But, where the husband claims restitution of conjugal rights after a big gap of seven years, there is justification when the wife does not accompany her.-G. Ramakrishna Pillai v.j.Vijaya Kumari Amma AIR 1990 Ker 55.

Where the husband makes the allegation of unchastity so that she is returned to her matrimonial home, and the allegation is not found to be baseless, it was held that this has to be considered along with the persistent refusal of the wife to stay with the husband. In the instant case, the petition moved by the wife for restitution of conjugal rights was not granted.-Ammini.V Kuttappan 1990(1)  HLR 454

In case there is no proper explanation as regards delay in filling the petition of restitution of conjugal rights, application should be regarded as unnecessary and improper- G. .Ramakrishna  Pillai v. J.Vijaya  Kumari Amma AIR 1990 Ker 55.

10.       Judicial separation

¹[(1)     Either party to a marriage, whether solemnized before or after the    commencement of this Act, may present a petition praying for a decree for judicial separation on any of grounds specified in sub-section (1) of section 13, and in the case  of a wife  also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

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

 

COMMENTS

Where the wife deprived her company for two and a half years and for this there was no fault on the  part of husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to survive.- Ratneshwar Misra v.Prem lata Devi1987 (1) HLR  255.

Petty domestic quarrels, cause being the presence of mother in law in the family, cannot be treated as mental cruelty.-Yashoda Dai.v.K.B.Kalavkar AIR1992  Kar 368.

In spite of the fact that both the husband and wife are living under the same roof, there may be a case of desertion when there is positive evidence exhibiting neglect, indifference or overt acts of estrangement on the part of one.-T.k. Chatterjee v.Kamala Chatterjee AIR1989 Cal. 74.

 

Chapter IV

Nullity of marriage and divorce

11.       Void marriage

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

COMMENTS

The expression “either party thereto” as used section 11 means only the actual parties, to the marriage. The expression does not include any third party.-Suresh Kumar v. Smt Asha Rani 1993 (1) HLR21 .Where the decree of nullity has been granted by the High Court, question does not arise of the marriage being again declared a nullity by confirming the  decree passed by the District Judge.-Thomas Cherian v.Nisha Thomas AIR1993 Ker 19

12.       Void able marriages

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

¹[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

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

(b)               (b)               that the consent of the petitioner, or where the consent of he guardian in  marriage of the petitioner ²[was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force ³[or by fraud as to the nature of the ceremony or as to any material fact or  circumstance concerning  the respondent ] ;or

(d)       that the respondent was at the time of the marriage pregnant by  some person other than the petitioner.

(2)        Notwithstanding anything contained in sub section(1), no petition  annulling a marriage-

(a)        on the ground specified in clause (c) of sub section(1), shall be entertained if -

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

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

(b)        on the  ground special in clause (d) of sub-section (1) shall be entertained unless the  court is satisfied-

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

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

(iii)             (iii)             that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  ⁴[the said ground]

 

COMMENTS

Where the petition for annulment of marriage is filed after 8 years of marriage, such a petition would be barred by time-Sarlabai V.Komal Singh AIR 1991 MP 358.Selectin of bride with total knowledge as regards her defects would  serve as estoppel from arguing that marriage was tainted with fraud.-Ruby Roy v. Sudarsan Roy 1988 Cal.210.

Where mental disorder of the wife was the ground for obtaining divorce, there cannot be a challenge to the grant of alimony on the ground that mental disorder was in existence prior to the marriage and therefore the marriage was  voidable under s. 12(1)(b) -Mukesh Mathur V.Veena Mathur AIR 1989 Raj 97.

Where the annulment is sought on the ground of fraud, details which  the professional match makers supply bear no relevancy as the parties are at liberty to verify the facts.-Deepayan Chatterjee V.Papiya Chatterjee 1990 (1)HLR 113

13.       Divorce

(1)        Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party-

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

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

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

(ii)        has ceased to be a Hindu by conversion to another religion; or

¹[(iii)    has been incurably of unsound mind, or has been suffering continuously or  intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation: in this clause-

(a)        the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder of any other disorder or disability of mind and includes schizophrenia.

(b)   the expression “psychopathic  disorder” means a persistent              disorder of disability of mind (whether  or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible  conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment or.;

(iv)       has ²[***] been suffering from a virulent  and incurable form of leprosy.

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

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

(vii)           (vii)            has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive, ³[***]

 

¹[Explanation : In this sub section, the  expression “desertion” means the desertion of the petitioner by the other party to the  marriage without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be constructed accordingly.]

²[(1A) Either party to a marriage whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i)         that there has been no resumption of cohabitation as between the parties to the marriage for a period of 3[one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties ;or,

(ii)        that there has been no restitution of conjugal rights as between the parties to the marriage for a period of ³[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

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

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

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

(ii)        that the  husband has, since the  solemnization of the marriage, been guilty of rape, sodomy or ⁴[bestiality; or].

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

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

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

COMMENTS

It is not  requirements that there must be a direct proof of adultery. There would not be any justification in expecting direct evidence and where such an evidence is presented before the court, must be suspected and the evidence is apt to be disbelieved.-  Sanjukta Pradhan V.Laxmi Narayan Pradhan AIR 1991 Orissa 39

Cruelty may depend upon the type of life the parties are habitual of, their economic and social conditions, cultural and human values to which they attach importance may also lead to the  conclusion, whether the instance falls within the expression “cruelty”.-Narayanan V. Sri Devi AIR 1990 Ker 151.

Where the wife threats to commit suicide, it would amount to mental cruelty caused to the husband. Ranga Rao V.Vijaylaxmi 1990 (1) HLR 601.

Where the wife refuses  to have sexual intercourse and there in no reason for such refusal, that would amount to cruelty subjected to husband.- Radhey Shyam v.Kusum 1990 (2) HLR 230

Petty quarrels between husband and wife cannot be so serious as amounting to cruelty and entitling husband to move for divorce.- Tapan Chakravarty v. Anjali Chakravarty AIR 1993 Cal.10

Where the husband  staying with a lady not his relative and the wife for this reason unwilling to stay with the husband and willing only when the lady is ousted from the home wife will not be guilty of cruelty as given same to the husband to take divorce on the ground of desertion or cruelty.-M.M.. Manna v.Chitra Manna AIR 1993 Cal 33.

Where there is an absolute denial of the obligation of marriage that would amount to desertion.-Sukumar Mukherjee V.Tripati Mukherjee AIR 1992 Pat.32

It is the petitioner who has to establish desertion for 2 years and that there was no cause for desertion. Where the conduct of the one is such as forcing other to stay away, that would not amount to desertion as a ground of divorce.-Eloskhi Chakraborty V.S.K. Chakraborty AIR 1991 Cal 176

There may be instances indicating short tempered nature and somewhat erratic behaviour, but this alleged mental disorder cannot be such a kind as making for husband living with the wife impossible.-N.M.Jagesha AIR 1991 Bom 259

¹[13A. Alternate relief in divorce proceedings

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the grounds mentioned in clauses(ii), (vi)and(vii) of sub section (1) of section 13, the court may, if it considers it just to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

13B.    Divorce by mutual consent

(1)        Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

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

COMMENTS

Where a petition for divorce is moved under s. 13 the same can be converted into a petition under s. 13B provided it is duly signed by both the parties and  therby giving issue to a divorce on the ground of mutual consent.-Kuljit Kaur v. Harjit Singh 1989(2)HLR 72.

Where one of the parties has withdrawn the consent then the  petition moved and section 13B has to be dismissed.-Gautam Basu v. Nina Basu 1990(2)HLR 496

 

14        No petition for divorce to be presented within one year of marriage

(1)        Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, ¹[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented ¹[before one year has elapsed] since the  date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent, but if it appears to the court at the hearing of the  petition that the petition obtained leave to present the petition by any mis- representation or concealment of the nature of the  case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the ¹[ expiry of one year] from the date of the  marriage or may dismiss the petition without prejudice to any petition which may be brought after ¹[expiration of the said one year] upon the  same or substantially the same facts as those alleged in support of the petition so dismissed.

(2)        In disposing of any application under this section for leave to present a petition for divorce before the ¹[ expiration of one year] from the date of the marriage,  the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between   the parties before the expiration  of the ¹[said one year].

COMMENTS

In case there is the leave granted to institute divorce proceedings within one year of marriage, and there was no raising of objection by either of the parties and the trail continued the  parties are not at liberty to raise objection, stating as granting of leave improper.-Deepayan Chatterjee V. Pipiya Chatterjee 1990(1)HLR 413

15.       Divorced persons when may marry again

When a marriage has been dissolved by a decree of divorce and either there is no  right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

__________________________-The End of Hindu Marriage Act_________________________________

_______________________________________________________________________________________

 Divorce under Hindu Marriage Act

As per the ancient Hindu laws there was no place for Divorce and it was with the codification of Hindu law that the first grounds for the new age laws were laid down.

Divorce between two persons married under the Hindu Marriage Act is also governed by the same act.

GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1.    has after the marriage had voluntary sexual intercourse with any other person; or

2.    has after the marriage treated the petitioner with cruelty

3.    has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,

4.    has ceased to be a Hindu by conversion to another religion,

5.    has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,

6.    has been suffering from a virulent and incurable form of leprosy,

7.    has been suffering from venereal disease in a communicable form

8.    has renounced the world by entering any religious order.

9.    Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

ADDITIONAL GROUNDS FOR DIVORCE BY A WIFE

In addition to the grounds stated above a wife may also present a petition for the dissolution of her marriage on the following grounds.

1.    Where the marriage was solemnized before the commencement of this Act, and the husband had married again before such commencement or that any other wife of the husband whom he had married before such commencement was alive at the time of the marriage. (In such a case its necessary that the other wife is alive at the time of presentation of the petition).

2.    That the husband has after the marriage been guilty of rape, sodomy or bestiality.

3.    That her marriage whether consummated or not was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.

NO PETITION FOR DIVORCE CAN BE FILED BY EITHER PARTY UNLESS ONE YEAR HAS ELAPSED SINCE THE DATE OF MARRIAGE.

DIVORCE BY MUTUAL CONSENT

Where both the parties mutually agree that they want to divorce a petition may be presented on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Thereafter both the parties have to make a motion to the court not earlier than 6 months and not later than 18 months from the date of presentation of the petition and the court after hearing the parties and on being satisfied will pass a decree of divorce.

FILING OF PETITION

Every petition shall be present to the District Court within the jurisdiction of which

a.    The marriage was solemnized.

b.    The other party at the presentation of the petition resides; or

c.    The parties to the marriage last resided;

d.    Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more.

WHAT A PETITION SHOULD CONTAIN

Every petition presented should contain the following details

1.    The facts on which the relief claimed is based.

2.    That the petition is not presented in collusion between both the parties.

3.    The statements contained in the petition shall be verified by the petitioner or some other competent person

4.    IMPORTANT ADDRESSES

5.    The Matrimonial Courts are situated at the following places

6.    DELHI

7.    Tees Hazari Court, near Inter State Bus Terminal, Delhi-92

8.    Karkardooma Court,

9.    BOMBAY

10. Bandra

11. Phone Nos. 6406377, 6406343

12. BANGALORE

_______________________________________________

 

Registered Marriage Under Special Marriage Act, 1954

 

Bare Act of Special Marriages Act 1954

Title : THE SPECIAL MARRIAGE ACT
Last updated date on 01.02.2008

Year : 1962

Act : PRELIMINARY

1.Short title, extent and commencement.—(1) This Act may be called the Special Marriage Act, 1954.

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

(3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.

2.Definitions:--In this Act, unless the context otherwise requires,--

(a) Consular Officer means a consul-general, Consul, vice-consul, pro-consul or consular agent;

(b) degree of prohibited relationship – a man and any of the persons mentioned in Part I of the First schedule and a woman and any of the person mentioned in Part II of the said Schedule are within the degrees of prohibited relationship:

Explanation I.—Relationship includes,--

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

(b) illegitimate blood relationship as well as legitimate;

(c) relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly.

Explanation II.—Full blood and half blood – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

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

Explanation IV.—In explanations II and III, ancestor includes the father and ancestress the mother.

(c) diplomatic officer means an ambassador, envoy, minister, charge d$ affaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission;

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

(e) district court means the principal civil court of original jurisdiction, and where there is a city civil court that court;

(f) prescribed means prescribed by rules made under this Act;

(g) State Government, in relation to a Part C State, means the Lieutenant Governor or, as the case may be, the Chief Commissioner of the State

3.Marriage Officers.—(1) For the purpose of this Act, the State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.

(2) For the purposes of this Act in its application to citizens of India domiciled in the territories to which this Act extends who are outside the said territories, the Central Government may, by notification in the Official Gazette,---

(a) in the case of the State of Jammu and Kashmir, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof; and

(b) in the case of any other country, place or area, appoint such diplomatic or consular officers as it may think fit to be the Marriage Officers for the country, place or area.

CHAPTER II

SOLEMNIZATION OF SPECIAL MARRIAGES

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

(a) neither party has a spouse living;

(b) neither party is an idiot or a lunatic;

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

(d) the parties are not within the degrees of prohibited relationship; and

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

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

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

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

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

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

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

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

8.Procedure on receipt of objection.—(1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

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

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

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and inspection;

(c) compelling the production of documents;

(d) reception of evidence on affidavits; and

(e) issuing commissions for the examination of witnesses; and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (Act XLV of 1860).

Explanation.—For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.

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

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

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

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

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

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

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

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

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

CHAPTER III

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

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

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

21.Succession to property of parties married under Act.—Not-withstanding any restrictions contained in the Indian Succession Act, 1925 (XXXIX of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.



RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

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

23.Judicial separation.—(1) A petition for judicial separation may be presented to the district court either by the husband or the wife—

(a) on any of the grounds specified in section 27 (other than the grounds specified in clause (I) and (j) thereof) on which a petition for divorce might have been presented; or

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

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

CHAPTER VI

NULLITY OF MARRIAGE AND DIVORCE

24.Void marriages.—(1) Any marriage solemnized under this Act shall be null and void any may be so declared by a decree of nullity if—

(i) any of the conditions specified in clause (a), (b), (c), and (d) of section 4 has not been fulfilled; or

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

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

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

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

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

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

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

Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,--

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

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

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

Provided further that in the case specified in clause (iii), the court shall not grant a decree if,--

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

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

26.Legitimacy of children of void and voidable marriages.—Where a decree of nullity is granted in respect of any marriage under section 24 or section 25, any child begotten before the decree is made who would have been the legitimate child of the parties to the marriage if it had been dissolved instead of being declared to be null and void or annulled by a decree of nullity shall be deemed to be their legitimate child notwithstanding the decree of nullity:

Provided that nothing contained in this section shall be construed as conferring upon any child of a marriage which is declared to be null and void or annulled by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

27.Divorce.—Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent—

(a) has since the solemnization of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or

(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (Act XLV of 1860):

Provided that divorce shall not be granted on this ground, unless the respondent has prior to the presentation of the petition undergone at least three years$ imprisonment out of the said period of seven years; or

(d) has since the solemnization of the marriage treated the petitioner with cruelty; or

(e) has been incurably of unsound mind for a continuous period of not less than three years immediately proceeding the presentation of the petition; or

(f) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or

(g) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from leprosy, the disease not having been contracted from the petitioner; or

(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(i) has not resumed cohabitation for a period of two years or upwards after the passing of a decree for judicial separation against the respondent; or

(j) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent.

and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

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

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

29.Restriction on petitions for divorce during first three years after marriage.—(1) No petition for divorce shall be presented to the district court unless at the date of the presentation of the petition three years have passed since the date of entering the certificate of marriage in the Marriage Certificate Book.

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

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

30.Remarriage of divorced persons.—Where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against he decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, and one year has elapsed thereafter but not sooner, party to the marriage may marry again.

CHAPTER VII

JURISDICTION AND PROCEDURE

31.Court to which petition should be made.—(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose jurisdiction the marriage was solemnized or the husband and wife reside or last resided together.

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

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

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

33.Proceedings may be in camera.—A proceeding under this Act shall be conducted in camera if either party thereto so desires or if the district court so thinks fit to do.

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

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

(b) where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or connived at or condoned the adultery, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and

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

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

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

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

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

35.Relief to respondent on petition for divorce.—If in any proceeding for divorce, the respondent opposes the relief sought on the ground of the petitioner$s adultery cruelty or desertion, the court may give to the respondent the same relief to which he or she would have been entitled if he or she had presented a petition seeking such relief.

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

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

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

(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it shall rescind the order.

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

39.Enforcement of and appeal from decrees and orders.—All decree and orders made by th court in any proceeding under Chapter V or Chapter VI shall be enforced in like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced and may be appealed from under the law for the time being in force:

Provided that every such appeal shall be instituted within a period of ninety days from the date of the decree or order.

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

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

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

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

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

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

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

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

Amendment to this Act in 2001

Act : CHAPTER IV

AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954.6.Amendment of section 36.6. Amendment of section 36.-In section 36 of the Special Marriage
Act, 1954 (43 of 1954) (hereafter in this Chapter referred to as the
Special Marriage Act), the following proviso shall be inserted, namely:-

"Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under
Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of n tice on the husband.".


7.Amendment of section 38.7. Amendment of section 38.-In section 38 of the Special Marriage
Act, the following proviso shall be inserted, namely:-

"Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter
V or Chapter VI shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".


CHAP

AMENDMENTS TO THE HINDI MARRIAGE ACT, 1955.

_______________________The End of Special Marriages Act 1954_________________________________

 

Title : THE MARRIAGES VALIDATION ACT, 1892

Year : 1962

Act :

THE MARRIAGES VALIDATION ACT, 1892.ACT No. 2 OF 1892.[29th January, 1892.]


An Act to validate certain marriages solemnized under Part VI of the
Indian Christian Marriage Act, 1872.WHEREAS provision is made in Part VI of the Indian Christian
Marriage Act, 1872, (15 of 1872). for the solemnization of marriages between persons of whom both are 2* [Indian Christians], but not of marriages between persons of whom one only is 3*[an Indian
Christian] ;

AND WHEREAS persons licensed under section 9 of the said Act have in diverse parts of 4*[India], through ignorance of the law, permitted marriages to be solemnized in their presence under the said Part between persons of whom one is 3*[an Indian Christian] and the other is not 3*[an Indian Christian] ;

AND WHEREAS it is expedient that such marriages, having been solemnized in good faith, should be validated;

It is hereby enacted as follows:-




1.Commencement.


1. [Commencement.] Rep. by the Repeating and Amending Act, 1914.(10 of 1914), s. 3 and Sch. II.


2.Defnition.


2.Defnition.-In this Act the expression 5*"[Indian Christian]" has the same meaning as in the Indian Christian Marriage Act,
1872.(15 of 1872.)


3.Validation of irregufar marriages.


3.Validation of irregufar marriages.-All marriages which have already been solemnized under Part VI of the Indian
Christian Marriage Act, 1872,(15 of 1872). between persons of whom one only was 3*[an Indian Christian], shall be as good and valid in law as if such marriages had been solemnized between persons of whom both were 2*[Indian Christians]:

Provided that nothing in this section shall apply to any marriage which has been judicially declared to, be null and void, or to any case where either of the parties has, since the solemnization of such marriage and prior to the commencement of this Act, contracted a valid marriage,

----------------------------------------------------------------------

1 Short title given by the Indian Short Titles Act, 1897 (14 of
1897).

This Act has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1872).

2 Subs. by the A. O. 1950, for "Native Christians",.

3 Subs., ibid., for "a Native Christian".

4 Subs., ibid., for "the Provinces".

5 Subs., ibid., for " Native Christian".

Extended to and brought into force in Dadra and Nagar Haveli (w.e.f.-
1.7.65), by Reg. 6 of 1963, s. 2 & Sch.
--------------------------------------------------------------------

<
132.4.Validation of records of irregular marriages.


4. Validation of records of irregular marriages.-Certificates of marriages which are declared by the last foregoing section to be good and valid in law, and register-books, and certified copies of true and duly authenticated extracts therefrom, deposited in compliance with the law for the time being in force, in so far as the register-books and extracts relate to such marriages as aforesaid, shall be received as evidence of such marriages as if such marriages had been solemnized between persons of whom both were 1[Indian Christians].


5.Application of Act to marriages under Act 5 of 1865.5.Application of Act to marriages under Act 5 of 1865.-References in this Act to the Indian Christian Marriage Act, 1872 (15 of 1872)
shall, so far as may be requisite, be construed as applying also to the corresponding portions of the 2* Indian. Marriage Act, 1865 (5 of
1865).


6.Penalty for solemnizing irregular marriages.


6.Penalty for solemnizing irregular marriages.-If any person licensed under section 9 of the said Act to grant certificates of marriage between 2*[Indian Christians] shall at any time after the commencement of this Act solemnize or affect to solemnize any marriage under Part VI of the said Act or grant any such certificate as therein mentioned, knowing that one of the parties to such marriage or affected marriage was at the date of such solemnization not a
Christian, he shall be liable to have his license cancelled, and in addition thereto he shall be deemed to have been guilty of an offence prohibited by section 73 of the said Act, and shall be punishable accordingly.

---------------------------------------------------------------------

1 Subs. by the A. O. 1950, for " Native Christians".

2 Rep. by the Indian Christian Marriage Act, 1872 (15 of 1872).
---------------------------------------------------------------------
 

_______________________-The End of Marriages Validation Act_____________

Marriage under Muslim Law

Muslim Law in India means " that portion of Islamic Civil Law which is applied to Muslims as a personal law". It consists of injunctions of Quran and has been further supplemented and modified by state Legislation and modern judicial precedents of the High Courts and the Supreme Court of India and also of the Privy Council. Marriage / 'Nikah' according to Muslim Law is a contract underlying a permanent relationship based on mutual consent.

ESSENTIAL FEATURES

1.    A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover there can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence.

2.    Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty.

3.    The parties to a Muslim marriage may enter into any ante-nuptial or postnuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract.

4.    The terms of a marriage contract may also be altered within legal limits to suit individual cases.

5.    Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.

REQUIREMENTS

The solomonisation of marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. Thus the essentials are as follows:

1.    Proposal and Acceptance

2.    Competent parties

3.    No legal Disability

PROCEDURE

·         Marriage like any other contract is constituted by ijab-o-qabool, that is by declaration and acceptance. One party to the marriage must make an offer (Ijab) to the other party. The marriage becomes complete only when the other party has accepted the offer.

·         According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage at one meeting and the agreement should be witnessed by two adult witnesses.

·         The Words conveying proposal and acceptance must be uttered in each other's presence or in the presence of their agents, who are called Vakil's.

·         The other condition for a valid marriage is that the transaction must be completed at one meeting. A proposal made at one meeting and an acceptance at another meeting do not constitute a valid marriage.

·         There must be reciprocity between offer and acceptance. The acceptance must not be conditional
Under the Sunni Law, the proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage.

·         The parties contracting marriage must be acting under their free will and consent.

COMPETENT PARTIES & LEGAL DISABILITY

The Parties to a marriage must have the capacity of entering into a contract. They must be competent to marry. Muslim who is of sound mind and who has attained puberty may enter into a contract of marriage. The parties must be able to understand the nature of their act.

LEGAL DISABILITY

Means the existence of certain circumstances under which marriage is not permitted. These prohibitions have been classified into four classes: -

1.    Absolute incapacity or prohibition

2.    Relative incapacity or prohibition

3.    Prohibitive incapacity

4.    Directory incapacity

1. ABSOLUTE INCAPACITY OR PROHIBITION: arises from:

(a) Consanguinity

(b) Affinity

(c) Fosterage

a) Consanguinity means blood relationship and bars a man from marrying:

1.    His mother or grandmother how highsoever,

2.    His daughter or grand-daughter how lowsoever,

3.    His sister whether full, consanguine or uterine,

4.    His niece or great niece how lowsoever,

5.    His aunt (fathers sister, mothers sister) or great aunt, how highsoever, whether paternal or maternal A marriage with a woman prohibited by reason of consanguinity is void. Issues from such marriage are illegitimate.

b) Affinity prohibits a man from marrying:

1.    His wife's mother or grand-mother how highsoever

2.    His wife's daughter or grand-daughter how lowsoever

3.    Wife of his father or paternal grand-father how highsoever

4.    Wife of his son or son's son or daughter's son how lowsoever A marriage with a woman prohibited by reason of affinity is void.

c) Fosterage means when a woman other than its own mother has suckled a child under the age of two years, the woman becomes the foster-mother of the child. A man may not, for instance, marry his foster-mother or her daughter, or his foster sister.

EXCEPTIONS

Under the Sunni law, there are a few exceptions to the general rule of prohibition on the ground of fosterage and a valid marriage may be contracted with:

1.    Sister's foster mother, or

2.    Foster's sisters mother, or

3.    Foster's sons sister, or

4.    Foster brother's sister.

The Shia jurists place fosterage and consanguinity on the same footing and refuse to recognize the exception permitted by the Sunnis. The above mentioned prohibitions on account of 'consanguinity', 'affinity' or 'Fosterage' are absolute and the marriages contracted in contravention of these rules are void.

 

2. RELATIVE INCAPACITY OR PROHIBITION: Springs from cases which render the marriage invalid only so long as the cause which creates the bar exist. The moment it is removed, the incapacity ends and the marriage become valid and binding. The following are the cases:

a) Unlawful conjunction,

b) Polygamy, or marrying a fifth wife.

c) Absence of proper witnesses

d) Differences of religion

e) Woman undergoing IDDAT

a) Unlawful conjunction: means contemporaneously marrying two women so related to each other by consanguinity, affinity or fosterage, which they could not have lawfully intermarried with each other if they had been of different sexes. Thus a Muslim cannot marry two sisters, or an aunt and her niece.

Under the Shia Law, a Muslim may marry his wife's aunt, but he cannot marry his wife's niece without her permission. Marriage prohibited by reason of unlawful conjunction is void under Shia Law.

b) Polygamy or marrying a fifth wife: means plurality of wives, i.e. marrying a fifth wife. It is unlawful for a Mohammedan to have more wives than four.

A Muslim woman cannot marry more than one husband. If a woman marries a second husband, she is liable for bigamy under Sec.494, Indian Penal Code and the issues of such a marriage are illegitimate.

In India no Muslim marrying under or getting his marriage registered under The Special Marriage Act, 1954,can marry a second wife during the lifetime of his spouse.

c) Absence of proper witnesses: It is essential amongst the Sunnis that at least two male witnesses or one male or two female witnesses must be present to testify that the contract was properly entered into between the parties. The witnesses must be of sound mind, adult and Muslim.

In Shia Law, a marriage contracted by the spouses themselves or their guardians in private are held valid. Presence of witnesses is not necessary.

d) Differences of religion: A Sunni male can marry a Muslim female (Of any sect) or a Kitabia. Marriage with the Kitabia, i.e. a woman who believes in a revealed religion possessing a Divine Book viz Islam, Christianity and Judaism is valid under the Sunni Law. But he cannot marry an idolatress or a fire-worshiper. A marriage, however with a idolatress or a fire worshiper is merely irregular in Sunni Law, but void in Shia Law. A Muslim woman cannot marry any man who is not a Muslim, whether he is Kitabia (i.e. man believing in a revealed religion possessing a divine book) or not . According to Mulla, a marriage between a Muslim woman and Non-Muslim male is irregular. But according to Fyzee, such a marriage is totally void

Under Shia Law, no Muslim, whether male or female can marry a non-Muslim in the Nikah form.

Thus a marriage between a Muslim and a non-Muslim can only take place under The Special Marriage Act, 1954.

e) Woman undergoing Iddat: Iddat is a period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death of her husband to remain in seclusion and to abstain from marrying another husband

Under Sunni Law marriage with a woman undergoing Iddat is irregular and not void. But under Shia law marriage with a woman who is undergoing Iddat is void.

3. PROHIBITIVE INCAPACITY:

It arises in the following cases:

a) Polyandry

b) A Muslim woman marrying a non-Muslim

a) Polyandry: means the fact of having more than one husband. Polyandry is forbidden in the Muslim system and a married woman cannot marry second time so long as the first marriage subsists.

b) Muslim woman marrying a Non -Muslim: A marriage of a Muslim female with a non-Muslim male, whether he be a Christian, or a Jew or an idolator or a Fire-Worshiper is irregular under Sunni Law and void under Shia Law.

4. DIRECTORY INCAPACITY:

This may arise from:

a) Marrying a woman 'enceinte': It is unlawful to marry a woman who is already pregnant by her former husband.

b) Prohibition of divorce: When the marriage is dissolved by the pronouncements of divorce three times, re-union is prohibited except after the lawful marriage of the woman with another man and then its being dissolved after consummation.

c) Marriage during pilgrimage: Under Shia Law, Marriage during pilgrimage is void.

d)Marriage with a sick man: Marriage with a sick man suffering from disease which is likely to be fatal is invalid. If however, he recovers and the marriage is consummated, it is valid.

POLYGAMY

Even in the present context, when all other religions enjoin monogamy, polygamy i.e. authority to marry up to four women is a privilege of Muslim men. Since it is one of the religious practices it is claimed to be immune from any legislative enactment.

CONVERSION TO ISLAM FOR THE SAKE OF LEGITAMISING A MARRIAGE

Skinner v. orde (1871) 14 M.I. A. 309. Helen Skinner was married according to Christian rites with George Skinner who died in the lifetime of Helen. Thereafter she cohabited with John Thomas who was married to Christian Wife, who was alive at that time. In order to legalize their union Helen and John both converted themselves into Islam. However their conversion was not held to be bona fide. It was held that this conversion was pretended for the purpose of Bigamy that was not permissible under the law.

________________End of Law on Muslim Marriages_______________

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

Year : 1962

Act :

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872.ACT No. 15 OF 1872.[18th July, 1872.]


An Act to consolidate and amend the law relating to the solemnization in India of the marriages of Christians.


Preamble.


Preamble.-WHEREAS it is expedient to consolidate and amend the law relating to the solemnization in India of the marriages of persons professing the Christian religion ; It is hereby enacted as follows:-

PRELIMINARY


1.Short title.


1.Short title. This Act may be called the Indian Christian
Marriage Act, 1872.Extent.


Extent.-1*[It extends to the whole of India 2*[except 3*[the territories which, immediately before the 1st November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and Jammu and
Kashmir].]4*

5* * * * *


2.[Enactments repealed.]


2. [Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and Sch., Pt. I.


3.Interpretation clause.


3. Interpretation clause.-In this Act, unless there is something repugnant in the subject or context,-

" Church of England " and " Anglican " mean and apply to the
Church of England as by law established;

---------------------------------------------------------------------

1. Subs. by A. O. 1950,for the second para., as amended by A. O.
1937 and A. O. 1948. [NOTE: The Act does not extend to the State of
Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. as amended by Act 68.of 1956, s. 2. The Act has been extended to and brought into force in
Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and
Sch. I.]

2. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B
States".

3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "the
States",.

4. In its application to Pondicherry, in section 1, the following shall be inserted at the end-


Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry. "--(Vide Act 26 of
1968).

5. The commencement cl. rep. by Act 16 of 1874, s. 1 and Sch., Pt.
I.
---------------------------------------------------------------------

<
100



"Church of Scotland" means the Church of Scotland as by law established ;

" Church of Rome" and "Roman Catholic" mean and apply to the Church which regards the Pope of Rome as its spiritual head;

" Church " includes any chapel or other building generally used for public Christian worship ;

1*["India" means the 2*[territories] to which this Act extends;]

"minor" means a person who has not completed the age of twenty-one years and who is not a widower or a widow;

3* * * * * * *

the expression " Christians " means persons professing the Christian religion;

4*[and the expression "Indian Christians" includes the Christian descendants of natives of India converted to Christianity, as well as such converts;]

5*["Registrar General of Births, Deaths and Marriages" means a
Registrar General of Births, Deaths and Marriages appointed under the
Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).]


PART I


THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED


PART I

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED


4.Marriages to be solemnized according to Act.


4. Marriages to be solemnized according to Act.-Every marriage between persons, one or both of whom is 6*[or are] a Christian or
Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.


5.Persons by whom marriages may be solemnized.


5.Persons by whom marriages may be solemnized.-Marriages may be solemnized in 7*[India]-

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the

---------------------------------------------------------------------

1 Ins. by Act 3 of 1951, s. 3 and Sch.

2 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "territory comprised in the States".

3 The definition of "Native State " rep. by the A. O. 1937.4 Subs. by A. O. 1950, for the original definition.

5 Ins. by Act 6 of 1886, s. 30.

6 Ins. by Act 12 of 1891, s. 2 and Sch. II.

7 Subs. by Act 3 of 1951, S. 3 and Sch., for "Part A States and Part C
States ".

--------------------------------------------------------------------




rules, rites, ceremonies and customs of the Church of which he is a
Minister ;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland ;

(3) by any Minister of Religion licensed under this Act to solemnize marriages;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;




(5) by any person licensed under this Act to grant certificates of marriage between 1*[Indian] Christians.


6.Grant and revocation of licenses to solemnize marriages.


2*[6.Grant and revocation of licenses to solemnize marriages.-The
State Government, so far as regards the territories under its administration, 3* * * may, by notification in the Official Gazette 4*
* *, grant licenses to Ministers of Religion to solemnize marriages within such territories 5 * * * and may, by a like notification revoke such licenses.]


7.Marriage Registrars.


7. Marriage Registrars.-The State Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for any district subject to its administration.


Senior Marriage Registrar.


Senior Marriage Registrar.-Where there are more Marriage
Registrars than one in any district, the State Government shall appoint one of them to be the Senior Marriage Registrar.


Magistrate when to be marriage Registrar.


Magistrate when to be marriage Registrar.-When there is only one
Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or temporary vacancy.


8.marriage Registrars in Indian States.


8.[Marriage Registrars in Indian States.] Rep. by the A. O. 1950.


9.Licensing of persons to grant certificates of marriage between Indian
Christians.


9.Licensing of persons to grant certificates of marriage between
Indian Christians.-The State Government 6* * * may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between
1*[Indian] Christians.
---------------------------------------------------------------------

1 Subs. by the A. O. 1950, for "Native".

2 Subs. by Act 2 of 1891, s. 1, for the original s. 6.3 The words " and the Central Government, so far as regards any
Indian State " as amended by the A. O. 1937, for the original words, were rep. by the A. O. 1950.

4 The words "or in the Gazette of India, as the case may be" rep.
by the A. O. 1937.5 The words " and State, respectively," rep. by the A. O. 1950.

6 The words "or (so far as regards any Indian State) the Central
Government " as amended by the A. O. 1937 for the original words, rep.
by the A. O. 1950.

---------------------------------------------------------------------

<
102.Any such license may be revoked by the authority by which it was granted, and every such grant or revocation shall be notified in the
Official Gazette.

PART II


TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED



PART II


TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

10.Time for solemnizing marriage.


10.Time for solemnizing marriage.-Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:


Exceptions.


Exceptions.-Provided that nothing in this section shall apply to-

(1) a Clergyman of the Church of England solemnizing a marriage under a special license permitting him to do so at any hour other than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or

(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special license in that behalf from the Roman Catholic Bishop of the
Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, 1*[or

(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland.]




11.Place for solemnizing marriage.


11.Place for solemnizing marriage.-No Clergyman of the Church of
England shall solemnize a marriage in any place other than a church
2*[where worship is generally held according to the forms of the
Church of England],

unless there is no 2*[such] church within five miles distance by the shortest road from such place, or

unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his
Commissary.


Fee for special license.


Fee for special license. For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.
----------------------------------------------------------------------
1 Ins. by Act 2 of 1891, s. 2.2 Ins. by s. 3, ibid.

PART III

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS
ACT


12.Notice of intended marriage.


12.Notice of intended marriage.-Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act-

one of the persons intending marriage shall give notice in writing, according to the form contained in the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein-


(a) the name and surname, and the profession or condition, of each of the persons intending marriage.

(b) the dwelling-place of each of them,

(c) the time during which each has dwelt there, and

(d) the church or private dwelling in which the marriage is to be solemnized:


Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.


13.Publication of such notice.


13.Publication of such notice.-If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.


Return or transfer of notice.


Return or transfer of notice.-But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.


14.Notice of intended marriage in private dwelling.


14.Notice of intended marriage in private dwelling.-If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.


15.Sending copy of notice to Marriage Registrar when one party is a minor.


15.Sending copy of notice ot Marriage Registrar when one party is a minor.-When one of the persons intending marriage is a minor, every
Minister receiving such notice shall, unless within twenty-four



104.hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the
Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.


16.Procedure on receipt of notice.


16. Procedure on receipt of notice.-The Marriage Registrar or
Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district, who shall likewise publish the same in the manner above directed.


17.Issue of certificate of notice given and declaration made.


17.Issue of certificate of notice given and declaration made.-Any
Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made:


Proviso.


Proviso. Provided-



(1) that no such certificate shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister;

(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue ; and

(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.



18.Declaration before issue of certificate.


18. Declaration before issue of certificate.-The certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration-

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and, when either or both of the parties is or are a minor or minors,

<
105.(b) that the consent or consents required by law has cr have been obtained thereto, or that there is no person re-
sident in India having authority to give such consent, as the case may be.



19.Consent of father, or guardian, or mother.


19. Consent of father, or guardian, or mother.-The father, if living, of any minor, or, if the father be dead. the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minors marriage,

and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in India.


20.Power to prohibit by notice issue of certificate.


20. Power to prohibit by notice issue of certificate.-Every person whose consent to a marriage is required under section 19, is hereby authorized to prohibit the issue of the certificate by any
Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person, so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.



21.Procedure on receipt of notice.


21. Procedure on receipt of notice.-If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition,

or until the said notice is withdrawn by the person who gave it.



22.Issue of certificate in case of minority.


22. Issue of certificate in case of minority.-When either of the persons intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.


23.Issue of certificates to Indian Christians.


23. Issue of certificates to Indian Christians.-When any
1*[Indian] Christian about to be married takes a notice of marriage to a Minister of Religion, or applies for a certificate from such
Minister under section 17, such Minister shall, before
---------------------------------------------------------------------
1. Subs. by the A. O. 1950, for " Native".
---------------------------------------------------------------------

<
106.issuing the certificate, ascertain whether such 1*[Indian] Christian is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall translate or cause to be translated the notice or certificate to such 1*[Indian]
Christian into some language which he understands.


24.Form of certificate.


24. Form of certificate.-The certificate to be issued by such
Minister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.



25.Solemnization of marriage.


25. Solemnization of marriage.-After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt:

Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.



26.Certificate void if marriage not solemnized within two months.


26. Certificate void if marriage not solemnized within two months.-Whenever a marriage is not solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all proceedings (if any) thereon shall be void,

and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.

PART V


MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE
REGISTRAR


PART V

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE
REGISTRAR





38.Notice of intended marriage before Marriage Registrar.


38. Notice of intended marriage before Marriage Registrar.-When a marriage is intended to be solemnized by, or in the presence of, a
Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any Marriage Registrar of the district within which the parties have dwelt,

or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district,
---------------------------------------------------------------------
1 Subs. by Act 6 of 1886, s. 30(b), for " Secretary to the L. G."
2 Subs. by the A. O. 1950, for "Native".
3 Subs. by Act 18 of 1928, s. 2 and Sch. I, for " under Part I or
Part III of this Act".
--------------------------------------------------------------------


110.and shall state therein the name and surname, and the profession or condition, of each of the parties intending marriage, the dwelling-
place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized:

Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.



39.Publication of notice.


39.Publication of notice.-Every Marriage Registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office.

When one of the parties intending marriage is a minor, every
Marriage Registrar shall, within twenty-four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of, such notice to each of the other Marriage Registrars (if any)
in the same district, who shall likewise affix the copy in some con-
spicuous place in his own office.


40.


Notice to be filed and copy entered in Marriage Notice Book.


40. Notice to be filed and copy entered in Marriage Notice Book.-
The Marriage Registrar shall file all such notices and keep them with the records of his office,

and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that purpose by the State Government, and to be called the "Marriage Notice Book".

and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.


41.Certificate of notice given and oath made.


41.Certificate of notice given and oath made.-If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the
Marriage Registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made:

Proviso.-Provided-

that no lawful impediment be shown to his satisfaction why such certificate should not issue;

that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act ;


111.that four days after the receipt of the notice have expired;and further,

that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.


42.Oath before issue of certificate.


42.Oath before issue of certificate.-The certificate mentioned in section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage
Registrar, and makes oath1*-


(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and

(b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar,

and, where either or each of the parties is a minor,

(c) that the consent or consents to such marriage required by law has or have been obtained thereto, or that there is no person resident in India authorized to give such consent, as the case may be.



43.Petition to High Court to order certificate in less than fourteen days


43.Petition to High Court to order certificate in less than fourteen days.-When one of the parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry of such notice as aforesaid, they-
may apply by petition to a Judge of the High Court, for an order upon the Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate before the expiration of the said fourteen days required by section 41.Order on petition.-And on sufficient cause being shown, the said
Judge may, in his discretion, make an order upon such Marriage
Registrar, directing him to issue his certificate at any time to be mentioned in the said order before the expiration of the fourteen days so required.

And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance therewith.

---------------------------------------------------------------------
1 As to the meaning of "oath", see the General Clauses Act, 1897 (10.of 1897), s. 3(37) and s. 4,
---------------------------------------------------------------------


112.44.Consent of father or guardian.


44.Consent of father or guardian.-The provisions of section 19.apply to every marriage under this Part, either of the parties to which is a minor ;

Protest against issue of certificate.-and any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrars certificate, by writing, at any time before the issue of such certificate, the word
"forbidden" opposite to the entry of the notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized

Effect of protest.-When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.



45.Petition where person whose consent is necessary is insahe, or unjustly withholds consent.


45.Petition where person whose consent is necessary is insahe, or unjustly withholds consent.-If any person whose consent is necessary to any marriage under this Part is of unsound mind,

or if any such person (other than the father) without just cause withholds his consent to the marriage,

the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District
Judge:

Procedure on petition.-And the said Judge of the High Court, or
District Judge, as the case may be, may examine the allegations of the petition in a summary way;

and, if upon examination such marriage appears proper such Judge of the High Court or District Judge, as the case may be, shall declare the marriage to be a proper marriage.

Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage;

and, if he has forbidden the issue of the Marriage Registrars certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of such certificate had not been forbidden,



113.46.Petition when Marriage Registrar refuses certificate.


46.Petition when Marriage Registrar refuses certificate.-Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district is not within any of the said towns, then to the District Judge.

Procedure on petition.-The said Judge of the High Court, or
District Judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon.

The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and the Marriage Registrar to whom the application for the issue of a certificate was originally made shall proceed in accordance therewith.


47.[Petition when Marriage Registrar in Indian State refuses certificate.]


47. [Petition when Marriage Registrar in Indian State refuses certificate.] Rep. by the A. O. 1950.


48.Petition when Registrar doubts authority of person for bidding.


48.Petition when Registrar doubts authority of person for bidding.-Whenever a Marriage Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage
Registrar shall apply by petition, where his district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High
Court, or if such district be not within any of the said towns, then to the District Judge.

Procedure on petition.-The said petition shall state all the circumstances of the case, and pray for the order and direction of the
Court concerning the same,

and the said Judge of the High Court or District Judge, as the case may be, shall examine into the allegations of the petition and the circumstances of the case,

and if, upon such examination, it appears, that the person forbid-
ding the issue of such certificate is not authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid.

and thereupon such certificate shall be issued, and the like pro-
ceedings may be had in relation to such marriage as if the issue had not been forbidden.


1* * * * *

---------------------------------------------------------------------

1 The last three paragraphs rep. by the A. O. 1950.
---------------------------------------------------------------------


114.49.Liability for frivolous protest against issue of certificate.


49.Liability for frivolous protest against issue of certificate.-
Every person entering a protest with the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.



50.


Form of certificate.


50. Form of certificate.-The certificate to be issued by the
Marriage Registrar under the provisions of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like effect,

and the State Government shall furnish to every Marriage Regis-
trar a sufficient number of forms of certificate.


51.Solemnization of marriage after issue of certificate.


51.Solemnization of marriage after issue of certificate.-After the issue of the certificate of the Marriage Registrar, or, where notice is required to be given under this Act to the Marriage
Registrars for different districts, after the issue of the certi-
ficates of the Marriage Registrars for such districts,

marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate or certificates, be solem-
nized between them, according to such form and ceremony as they think fit to adopt.

But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses besides the Marriage Registrar.

And in some part of the ceremony each of the parties shall declare as follows, or to the like effect :-

"I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D. "

And each of the parties shall say to the other as follows or to the like effect

"I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife [or husband]."


52.When marriage not had within two months after notice, new notice required.


52.When marriage not had within two months after notice, new notice notice required.-Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void;



115.and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid.



53.Marriage Registrar may ask for particulars to be registered.


53. Marriage Registrar may ask for particulars to be registered.-
A Marriage Registrar before whom any marriage is solemnized under this
Part may ask of the persons to be married the several particulars required to be registered touching such marriage.


54.Registration of marriages solemnized under part V.


54.Registration of marriages solemnized under part V.-After the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.

The entry of such marriage in both the certificate and the marriage-register-book shall be signed by the person by or before whom the marriage has been solemnized, if there be any such person, and by the Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the parties married, and attested by two credible witnesses other than the Marriage Registrar and person solemnizing the marriage.

Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage-register-book.



55.Certificates to be sent monthly to Registrar General.


55. Certificates to be sent monthly to Registrar General.-The
Marriage Registrar shall forthwith separate the certificate from the marriage-register-book and send it, at the end of every month, to the
1*[Registrar General of Births, Deaths and Marriages].

Custody of register-book.-The Marriage Registrar shall keep safely the said register-book until it is filled, and shall then send it to the 1*[Registrar General of Births, Deaths and Marriages], to be kept by him with the records of his office.


56.[Officers to whom Registrars in Indian States shall send certificates.)


56. [Officers to whom Registrars in Indian States shall send certificates.) Rep. by the A. O. 1950.

---------------------------------------------------------------------
1 Subs. by Act 6 of 1886, s. 30 (b), for "Secretary to the L. G.".

---------------------------------------------------------------------



116.57.Registrars to ascertain that notice and certificate are understood by
Indian Christians.


57.Registrars to ascertain that notice and certificate are understood by Indian Christians.-When any 1*[Indian] Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said 1*[Indian] Christian understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to be translated, such notice or certificate, or both of them, as the case may be, to such 1*[Indian] Christian into a language which he understands;

or the Marriage Registrar shall otherwise ascertain whether the
1*[Indian] Christian is cognizant of the purport and effect of the said notice and certificate.



58.Indian Christians to be made to understand declarations.


58.Indian Christians to be made to understand declarations.-When any 1*[Indian] Christian is married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether such
1*[Indian] Christian understands the English language, and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such
1*[Indian] Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.



59.Registration of marriages between Indian Christians.


59.Registration of marriages between Indian Christians.-The registration of marriages between 1*[Indian] Christians under this
Part shall be made in conformity with the rules laid down in section
37 (so far as they are applicable), and not otherwise.

PART VI


MARRIAGE OF 1*[INDIAN] CHRISTIANS


PART VI 2*

MARRIAGE OF 1*[INDIAN] CHRISTIANS


60.


On what conditions marriages of Indian Christians may be certified.


60.On what conditions marriages of Indian Christians may be certified.-Every marriage between 1*[Indian] Christians applying for a certificate, shall, without the preliminary notice required under Part
III, be certified under this Part, if the following conditions be fulfilled, and not otherwise :-


(1) the age of the man intending to be married 3*[shall not be under 4*[twenty-one years], and the age of the woman intending to be married 5[shall not be under 4*[eighteen years]];

----------------------------------------------------------------------
1 Subs. by the A. O. 1950, for "Native".

2 As to validation of past marriages solemnized under Part VI between persons of whom one only was an Indian Christian, and penalty for solemnizing such marriages under Part VI in future, see the Marriages
Validation Act, 1892 (2 of 1892).

3 Subs. by Act 48 of 1952. s. 3 and Sch. II, for "shall exceed sixteen years".

4 Subs. by Act 2 of 1978. a. 6 and Sch., for "eighteen years" and
"fifteen years " respectively (w.e.f. 1-10-1978).

5 Subs. by s. 3 and Sch. II, ibid., for "shall exceed thirteen years".

---------------------------------------------------------------------


117.(2) neither of the persons intending to be married shall have a wife or husband still living;

(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other-

"I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife [or husband]" or words to the like effect:


1* * * * *


61.Grant of certificate.


61. Grant of certificate.-When, in respect to any marriage solemnized under this Part, the conditions prescribed in section 60
have been fulfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.

The certificate shall be signed by such licensed person, and shall be received In any suit touching the validity of such marriage as conclusive proof of its having been performed.



62.Keeping of register-book and deposit of extracts therefrom with
Registrar General.


2*[62. Keeping of register-book and deposit of extracts therefrom with Registrar General.-(1) Every person licensed under section 9.shall keep in English, or in the vernacular language in ordinary use
In the district or State in which the marriage was solemnized, and in such form as the State Government by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths and Marriages for the territories under the administration of the said State Government, In such form and at such intervals as that Government may prescribe, true and duly authenticated extracts from his register-book of all entries made therein since the last of those intervals.]

3* * * * *


63.Searches in register-book and copies of entries.


63. Searches in register-book and copies of entries.-Every person licensed under this Act to grant certificates of marriage, and keeping a marriage-register-book under section 62, shall
---------------------------------------------------------------------

1 Proviso omitted by Act 2 of 1978. s. 6 and Sch. (w.e.f. 1-10-1978).
2 Subs. by Act 2 of 1891, s. 4, for the original s. 62.3 Sub-section (2), as amended by the A. O. 1937, rep. by the A. O.
1950.
---------------------------------------------------------------------

118.at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of any entry therein.



64.Books in which marriages of Indian Christians under Part I or Part III
are registered.


64. Books in which marriages Indian Christians under Part I or
Part III are registered.-The provisions of sections 62 and 63, as to the form of the of register-book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the books kept under section 37.65.Part VI not to apply to Romman Catholics. Saving of certain marriages.


65.Part VI not to apply to Romman Catholics. Saving of certain marriages.-This Part of this Act, except so much of sections 62 and
63 as are referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. 25 of 1864 1*, previous to the twenty-
third day of February, 1865.

PART VII



PENALTIES



66.False oath, declaration, notice or certificate for procuring marriage.


2*[66.False oath, declaration, notice or certificate for procuring marriage.-Whoever, for the purpose of procuring a marriage or licence of marriage, intentionally,-


(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church according to the rites and ceremonies of which, a marriage is intended to be solemnized, such Church being the Church of England or of Scotland or of
Rome, makes a false oath or declaration, or,

(b) where a notice or certificate is required by this Act, signs a false notice or certificate,


shall be deemed to have committed the offence punishable under section
193 of the Indian Penal Code (45 of 1860) with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court, with fine.]



67.Forbidding, by false personation issue of certificate by Marriage
Registrar.


67. Forbidding, by false personation issue of certificate by
Marriage Registrar.-Whoever forbids the issue, by a Marriage
Registrar, of a certificate, by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such

---------------------------------------------------------------------
1 Act 25 of 1864 had been rep. by Act 5 of 1865, which was rep. by this Act,

2 Subs. by Act 2 of 1891, s, 5, for the original s, 66.---------------------------------------------------------------------



119.representation to be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205.of the Indian Penal Code (45 of 1860).


68.Solemnizing marriage without due authority.


1*[68.Solemnizing marriage without due authority.-Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or a are a Christian or Christians, shall be punished with imprisonment which may extend to ten years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term of not less than seven years, and not exceeding ten years,

2* * * * *

and shall also be liable to fine.]


69.Solemnizing marriage out of proper time, or without witnesses.


69.Solemnizing marriage out of proper time, or without witnesses.-
Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Saving of marriages solemnized under special license.-This section does not apply to marriages solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10.3*[Nor does this section apply to marriages solemnized by a
Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.]



70.


Solemnizing without notice or within fourteen days after notice,marriage with minor.


70. Solemnizing without notice or within fourteen days after notice, marriage with minor.-Any Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or, when one of the parties to the marriage is a minor and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under
Part III, shall

---------------------------------------------------------------------
1 Subs. by Act 2 of 1891, s. 6, for the original s. 68.2 The second para. as amended by Act 12 of 1891, rep. by the A. O.
1950.
3 Ins. by Act 2 of 1891, s. 7.---------------------------------------------------------------------

<
120.be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.


71.Issuing certificate,or marrying,without publication of notice;


71. Issuing certificate,or marrying,without publication of notice;-A Marriage Registrar under this Act, who commits any of the following offences:-

(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act ;

1*[(2) marrying after expiry of notice;-after the expiration of two months after the copy of the notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage ;]

(3) Solemnizing, marriage with minor within fourteen days, without authority of Court, or without sending copy of notice;-solemnizes, without an order of a competent Court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than one, and if he himself be not the Senior Marriage Registrar;

(4) issuing certificate against authorised prohibition.-
issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,


shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.


72.Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorised prohibition.


72.Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorised prohibition.-Any Marriage Registrar knowingly and wilfully issuing any certificate for marriage after the expiration of 2*[two months] after the notice has been entered by him as aforesaid,

or knowingly and wilfully issuing, without the order of a compe-
tent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf,

shall be deemed to have committed an offence under section 166 of the
Indian Penal Code (45 of 1860).



73.Persons authorized to solemnize marriage (other than Clergy of
Churches of England, Scotland or Rome)


73.Persons authorized to solemnize marriage (other than Clergy of
Churches of England, Scotland or Rome);-Whoever, being authorized under this Act to solemnize a marriage,

---------------------------------------------------------------------
1 Subs. by Act 2 of 1891, s. 8(1) for the original cl. (2).
2 Subs. by s. 8 (2), ibid., for " three months".
---------------------------------------------------------------------



121.and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a license from the
Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf,

or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that church,

or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that church,

issuing certificate, or marrying, without publishing notice, or after expiry of certificate;-knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him ;

issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;-or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage
Registrars than one, to the Senior Marriage Registrar of the district;

issuing certificate authorizedly forbidden;-or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue ;

solemnizing marriage authorizedly forbidden.-or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same ;

shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.



74.Unlicensed person granting certificate pretending to be licensed.


74. Unlicensed person granting certificate pretending to be licensed.-Whoever, not being licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending thereby to make it appear that he is. so licensed, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.

1*[Whoever, being licensed to grant certificates of marriage under
Part VI of this Act, without just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred rupees.]

---------------------------------------------------------------------
1 Ins. by Act 2 of 1891, s. 9.---------------------------------------------------------------------

<
122.75.Destroying or falsifying register-books.



75. Destroying or falsifying register-books.-Whoever, by himself or another, wilfully destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom,

or falsely makes or counterfeits any part of such register-book or counterfoil certificates,

or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated extract,

shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.


76.Limitation of prosecutions under Act.


76.Limitation of prosecutions under Act.-The prosecution. for every offence punishable under this Act shall be commenced within two years after the offence is committed.

PART VIII


MISCELLANEOUS


PART VIII

MISCELLANEOUS



77.What matters need not be proved in respect of marriage in accordance with Act.


77.What matters need not be proved in respect of marriage in accordance with Act.-Whenever any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:-


(1) any statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law;

(2) the notice of the marriage ;

(3) the certificate or translation thereof;

(4) the time and place at which the marriage has been solemnized ;

(5) the registration of the marriage.



78.Corrections of errors.


78.Corrections of errors.-Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof.

And every entry made under this section shall be attested by the witnesses in whose presence it was made.

<
123.And, in case such certificate has been already sent to the 1*
[Registrar General of Births, Deaths and Marriages], such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.


79.Searches and copies of entries.



79. Searches and copies of entries.-Every person solemnizing a marriage under this Act, and hereby required to register the same,

and every Marriage Registrar or 2*[Registrar General of Births, Deaths and Marriages] having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act,

shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.



80.


Certified copy of entry in marriage register, etc., to be evidence.


80.Certified copy of entry in marriage register, etc., to be evidence.-Every certified copy, purporting to be signed by the person entrusted under this Act with the custody of any marriage-register or certificate, or duplicate, required to be kept or delivered under this
Act, of any entry of a marriage in such register or of any such certi-
ficate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.




81.Certificates of certain marriages to be sent to central Government.


3*[81. Certificates of certain marriages to be sent to Central
Government.-The Registrar General of Births, Deaths and Marriages 4* *
* shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to 5*[him], during such quarter, the certificates of the marriages of which 6*[the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by 5*[him] to the 7*[Central Government]].


82.State Government to prescribe fees.


82. State Government to prescribe fees.-Fees shall be chargeable under this Act for--

receiving and publishing notices of marriages;

---------------------------------------------------------------------

1 Subs. by Act 6 of 1886, s. 30(b), for " Secretary to. the L. G.".

2 Subs. by s. 30(b), ibid., for " Secretary to a L. G.".

3 Subs. by Act 13 of 1911, s. 2, for the original s. 81.4 The words " and the officers appointed under section 56 " rep. by
Act 48 of 1952, s. 3 and Sch. II.

5 Subs. by s. 3 and Sch. II, ibid., for " them, respectively".

6 Subs. by the A. O. 1937, for "the G. G. in C.".

7 Subs. by the A. O. 1948, for " Secretary of State for India".

---------------------------------------------------------------------


124.issuing 1*[certificates for marriage] by Marriage Registrars, and registering marriages by the same;

entering protests against, or prohibitions of, the issue of
2*[certificates for marriage] by the said Registrars;

searching register-books or certificates, or duplicates, of copies thereof;

giving copies of entries in the same under sections 63 and 79.The State Government shall fix the amount of such fees respectively,

and may from time to time vary or remit them either generally or in special cases, as to it may seem fit.



83.Power to make rules.


83. Power to make rules.-3*[(1)] The State Government 4*[ may, by notification in the Official Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of register-
books, and the preparation and submission of returns of marriages solemnized under this Act.

5*[(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State
Legislature.]


84.[Power to prescribe fees and rules for Indian States.]


84. [Power to prescribe fees and rules for Indian States.] Rep.
by the A.O. 1950.


85.Power to declare who shall be District Judge.


85. Power to declare who shall be District Judge.-The State
Government may, by notification in the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.


86.[Powers and functions exercisable as regards Indian States.]


6*86.[Powers and functions exercisable as regards Indian States.]
Rep. by the A. O. 1950.


87.Saving of Consular marriages.


87. Saving of Consular marriages.-Nothing in this Act applies to any marriage performed by any Minister, Consul, or Consular Agent between subjects of the State which he represents and according to the laws of such State.


88.Non-validation of marriages within prohibited degrees.


88.Non-validation of marriages within prohibited degrees.-Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.

---------------------------------------------------------------------
1 Subs. by Act 1 of 1903, s. 3 and Sch. II, Pt. II, for
"certificates of marriage".

2 Subs. by s. 3 and Sch. II, Pt. II, ibid., for "marriage certificates".

3 Renumbered. by Act 20 of 1983, s.2 & Sch.(w.e.f.15-3-1984).

4 Subs. by s.2 & Sch., ibid. (w.e.f.15-3-1984).

5 Ins. by s.2 & Sch., ibid (w.e.f. 15-3-1984).

6 The original section was subs. by Act 38 of 1920, s. 2 and Sch. I.

---------------------------------------------------------------------


<
125.SCHEDULE 1.NOTICE OF MARRIAGE



SCHEDULE I


(See sections 12 and 38)


NOTICE OF MARRIAGE


To a Minister [or Registrar] of

I hereby give you notice that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described (that is to say) :-


----------------------------------------------------------------------
Names|Con-|Rank or |Age.| Dwell |Length of|Church, | District
|diti|professi-| | ing |residence|chapel |in which
|on. |on. | | place. | |or place |the other
| | | | | |of worship |party resi-
|in which |des,when
|the marriage |the parti-
|is to be so- |es dwell
|lemnized. |in differe-
|nt districts.
----------------------------------------------------------------------

James Wido- Carpen Of 16, 23 days.
Smith. wer. ter. full Cline age. Street.
Free Church of
---------------------------------------------------------------------
Marha Spins .... Minor. 20, More than Soclland Church
Green. ter. Hastings a month. Calcutta.
Street.
---------------------------------------------------------------------
Witness my hand, this day of seventy two.

(Signed) JAMES SMITH

[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is only to be filled up when one of the parties lives in another district.]

<
126.SCHEDULE 2.CERTIFICATE OF RECEIPT OF NOTICE


SCHEDULE II

(See sections 24 and 50)

CERTIFICATE OF RECEIPT OF NOTICE

I, do hereby certify that, on the day of , notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under the hand of ,one of the parties (that is to say):-
----------------------------------------------------------------------
Names|Con-|Rank or |Age.| Dwell |Length of|Church, |District
|diti|professi-| | ing |residence|chapel |in which
|on. |on. | | place. | |or place |the other
| | | | | |of worship |party
|in which |resides,
|the marriage |when the
|is to be so- |parties
|lemnized. |dwell in
|different
|districts
----------------------------------------------------------------------

James Wido- Carpen Of 16, 23 days.
Smith. wer. ter. full Cline age. Street.
Free Church of
---------------------------------------------------------------------
Martha Spins .... Minor. 20, More than Soclland Church
Green. ter. Hastings a month. Calcutta.
Street.
---------------------------------------------------------------------
and that the declaration, 1*[or oath] required by section 17 or 41 of the Indian Christian Marriage Act, 1872,(15 of 1872) has been duly made by the said (James Smith).


Date of notice entered The issue of this certificate has not been prohibited by any person authoriz-
Date of Certificate given) ed to forbid the issue thereof.
----------------------------------------------------------------------
Witness my hand, this day of seventy-two.


(Signed)

This certificate will be void, unless the marriage is solemnized on or before the day of

[The italics in the schedule are to be filled up, as the case may be, and the blank division thereof is only to be filled up when one of the parties lives in another district.]
---------------------------------------------------------------------

1 Ins. by Act 1 of 1903, s. 3, and Sch. II, Pt. II.
---------------------------------------------------------------------

<
127.SCHEDULE 3.FORM OF REGISTER OF MARRIAGES



SCHEDULE III


1*[(See sections 28 and 31)]


FORM OF REGISTER OF MARRIAGES



Quarterly Returns

of

MARRIAGES

for


Calcutta.

The Archdeaconry of Madras.

Bombay.



Calcutta,

I, , Registrar of the Archdeaconry of Madras,

Bombay,


do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of Marriage within the
Archdeaconry

Calcutta,

of Madras, as made and transmitted to me for the quarter

Bombay,

commencing the day of ending the day of in the year of Our Lord
[Signature of Registrar.]

Calcutta.

Registrar of the Archdeaconry of Madras.

Bombay.



Allahabad,

MARRIAGES solemnized at Barrackpore.

Bareilly,

Calcutta, etc. etc.

----------------------------------------------------------------------
When married. Name of Parties. Age. Condition. Rank of profession.
------------ --------------- ----- ---------- --------------------
Year|Month|Day. Christian|Surname.
-------------- -----------------
---------------------------------------------------------------------





---------------------------------------------------------------------

---------------------------------------------------------------------
Residence Fathers By banns or Signature Signatures Signature of at the ti- Name and license. of the of two or the person me of mar Surname. parties. more wit- solemnizing riage. nesses the marriage.
present.
----------------------------------------------------------------------







----------------------------------------------------------------------


---------------------------------------------------------------------
1 Subs. by Act 12 of 1891, s. 2 and Sch. II, for "(see section 28)".
---------------------------------------------------------------------




128.
SCHEDULE 4.MARRIAGE REGISTER BOOK.



SCHEDULE IV

(See section 32 and 54 )


MARRIAGE REGISTER BOOK

----------------------------------------------------------------------
Number. When married. Name of Parties. Age. Condition. Rank of
------------ --------------- ----- ---------- --------------------
Day|Month|Year. Christian|Surname. Profession.
Name
-------------- -----------------
---------------------------------------------------------------------


James. White. 26 years. Widower Carpenter.


Martha. Duncan. 17 years. Spinster. .....
1.---------------------------------------------------------------------

---------------------------------------------------------------------
Residence at the time of marriage. Fathers name and surname.
---------------------------------------------------------------------

Agra . . William White.


Agra . . John Duncan.

----------------------------------------------------------------------

Married in the

This marriage was solemnized between us | James White, | in the
| Martha Duncan,|

presence of us | John Smith. |
| John Green. |



---------------------------------------------------------------------





<
129.
CERTIFICATE OF MARRIAGE

----------------------------------------------------------------------
Number. When married. Name of parties. Age. Condition. Rank of
------------ --------------- ----- ---------- --------------------
Day|Month|Year. Christian|Surname. profession.
name
-------------- -----------------
---------------------------------------------------------------------


James. White. 26 years. Widower Carpenter.


Martha. Duncan. 17 years. Spinster. .....
1.---------------------------------------------------------------------

---------------------------------------------------------------------
Residence at the time of marriage. Fathers name and surname.
---------------------------------------------------------------------

Agra . . William White.


Agra . . John Duncan.

----------------------------------------------------------------------

Married in the

This marriage was solemnized between us | James White, | in the
| Martha Duncan,|

presence of us | John Smith. |
| John Green. |


---------------------------------------------------------------------



130




SCHEDULE 5.[Enactments repealed.]



SCHEDULE V.-[Enactments repealed.] Rep. by the Repealing Act,
1938 (1 of 1938), s. 2 and Sch., Pt. I.

_________________________End of Christian Marriages Act________________________________________

THE PARSI MARRIAGE AND DIVORCE ACT, 1936

Year : 1936

Act :

THE PARSI MARRIAGE AND DIVORCE ACT, 1936.ACT No. 3 OF 1936.An Act to amend the law relating to marriage and divorce among
Parsis.

WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is hereby enacted as follows:-




[23rd April, 1936.]




I.-PRELIMINARY


INDIA CODE, VOL-VIA.


1.Short title extent and commencement.


1.(1)Short title extent and commencement. This Act may be called the Parsi Marriage and Divorce Act, 1936.(2) 1*[It extends to the whole of India except the State of Jammu and Kashmir]:

Provided that the Central Government may, in respect of
2*[territories which, immediately before the 1st November, 1956, were comprised in Part B States] by notification in the Official Gazette, direct that the provisions of this Act relating to the constitution and powers of Parsi Matrimonial Courts and to appeals from the decisions and orders of such Courts shall apply with such modifications as may be specified in the notification.3*

(3) It shall come into force on such 4 date as the Central
Government may, by notification in the Official Gazette, appoint.


2.Definitions.


2.Definitions. In this Act, unless there is anything repugnant in the subject or context,-


(1) "Chief Justice" includes senior Judge;

(2) " Court " means a Court constituted under this Act;

(3) to " desert ", together with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent, or against the will, of such party;


---------------------------------------------------------------------
1 Subs. by Act 3 of 1951. s. 3 and Sch., for certain words.

2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B
States."

3 In its application to Pondicherry, in section 1, in sub-section
(2), after the proviso, the following shall be inserted at the end-


"Provided further that nothing contained in this Act shall apply to the Renoncants of the Union territory of
Pondicherry."-(Vide Act 26 of 1968).

The Act has been extended to Dadra and Nagar Haveli by Reg. 6.of 1963, s. 2 and Sch. I.

4 22nd June, 1936: see Gazette of India, 1936, Pt. I, p. 621.----------------------------------------------------------------------


220.(4) " grievous hurt " means-

(a) emasculation ;

(b) permanent privation of the sight of either eye;

(c) permanent privation of the hearing of either ear;

(d) privation of any member or joint;

(e) destruction or permanent impairing of the powers of any member or joint;

(f) permanent disfiguration of the head or face ; or

(g) any hurt which endangers life;

(5) "husband" means a Parsi husband;

(6) " marriage " means a marriage between Parsis whether contracted before or after the commencement of this Act;

(7) a " Parsi " means a Parsi Zoroastrian ;

(8) " priest " means a Parsi priest and includes Dastur and
Mobed ; and

(9) "wife" means a Parsi wife.

II.-MARRIAGES BETWEEN PARSIS


3.Requisites to validity of Parsi marriages.

3. Requisites to validity of Parsi marriages. 1*[(1) No marriage shall be valid if-

(a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule 1; or


(b) such marriage is not solemnized according to the Parsi form of ceremony called " Ashirvad " by a priest in the presence of two Parsi witnesses other than such priest ; or

2*[(c) in the case of any parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.]

3*[(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1) any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.]


4.Remarriage when unlawful.


4.*(1)Remarriage when unlawful. No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act 18654 (15 of 1865),or under this Act, except after a divorce, declaration or dissolution as aforesaid under either of the said Acts.

----------------------------------------------------------------------

1 Renumbered, Subs. and Ins. by Act 5 of 1988, s.2 (w.e.f. 15.4.1988).

2 Subs. by s.2, ibid. (w.e.f. 15-4-1988).

3 Ins. by s.2, ibid. (w.e.f. 15-4-1988).

4 Rep. by this Act.

----------------------------------------------------------------------


221.(2) Every marriage contracted contrary to the provisions of sub-
section (1) shall be void.


5.Punishment of bigamy.


5.Punishment of bigamy. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the
Indian Penal Code (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife.


6.Certificate and registry of marriage.


6.Certificate and registry of marriage. Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule
II. The certificate shall be signed by the said priest, the contracting parties 1*** and two witnesses present at the marriage;and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee.


7.Appointment of Registrar.


7.Appointment of Registrar. For the purposes of this Act a
Registrar shall be appointed. Within the local limits of the ordinary original civil jurisdiction of a High Court, the Registrar shall be appointed by the Chief Justice of such Court, and without such limits, by the State Government. Every Registrar so appointed may be removed by the Chief Justice or State Government appointing him.


8.Marriage register to be open for public inspection.


8.Marriage register to be open for public inspection. The register of marriages mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts therefrom shall, on application, be given by the Registrar on payment to him by the applicant of two rupees for each such extract. Every such register shall be evidence of the truth of the statements therein contained.


9.Copy of certificate to be sent to Registrar- General of Births, Deaths and Marriages.


9.Copy of certificate to be sent to Registrar- General of Births, Deaths and Marriages. Every Registrar, except the Registrar appointed by the Chief Justice of the High Court of Judicature at Bombay, shall, at such intervals as the State Government by which he was appointed from time to time directs, send to the Registrar-General of Births, Deaths

---------------------------------------------------------------------
1 Omitted by Act 5 of 1988, s.3 (w.e.f. 15.4.1988)
---------------------------------------------------------------------


222.and Marriages for the territories administered by such State Govern-
ment a true copy certified by him in such form as such State Govern-
ment from time to time prescribes, of all certificates entered by him in the said register of marriages since the last of such intervals.


10.Registration of divorces.


10.Registration of divorces. When a Court passes a decree for divorce, nullity or dissolution, the Court shall send a copy of the decree for registration to the Registrar of Marriages within its jurisdiction appointed under section 7 ; the Registrar shall enter the same in a register to be kept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of marriages shall be applicable, so far as may be, to the Registrars and registers of divorces and decrees of nullity and dissolution.


11.Penalty for solemnizing marriage contrary to section 4.11.Penalty for solemnizing marriage contrary to section 4. Any priest knowingly and wilfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.


12.Penalty for priests neglect of requirements of section 6.12.Penalty for priests neglect of requirements of section 6. Any priest neglecting to comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished for every such offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.


13.Penalty for omitting to subscribe and attest certificate.


13.Penalty for omitting to subscribe and attest certificate.
Every other person required by section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall, on conviction thereof, be punished for every such offence with a fine not exceeding one hundred rupees.


14.Penalty for making, etc., false certificate.


14.Penalty for making etc., false certificate. Every person making or signing or attesting any such certificate containing a statement which is false, and which he either knows or believes to be false, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both ; and if the act amounts to forgery as defined in the Indian Penal Code,(45 of 1860), then such person shall also be liable, on conviction thereof, to the penalties provided in section
466 of the said Code.


15.Penalty for failing to register certificate.


15.Penalty for failing to register certificate. Any Registrar failing to enter the said certificate pursuant to section 6 shall be punished with simple imprisonment for a term which




223.may extend to one year, or with fine which may extend to one thousand rupees, or with both.


16.Penalty for secreting, destroying or altering register.


16. Penalty for secreting, destroying or altering register. Any person secreting, destroying, or dishonestly or fraudulently altering the said register in any part thereof, shall be punished with imprisonment of either description as defined in the Indian Penal Code
(45 of 1860) for a term which may extend to two years, or if he be a
Registrar, for a term which may extend to five years and shall also be liable to fine which may extend to five hundred rupees.


17.Formal irregularity not to invalidate marriage.

17. Formal irregularity not to invalidate marriage. No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect.


III.-PARSI MATRIMONIAL COURTS

18.Constitution of Special Courts under the Act.


18. Constitution of Special Courts under the Act. For the purpose of hearing suits under this Act, a Special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and
Bombay, and in such other places in the territories of the several
State Governments as such Governments respectively shall think fit.


19.Parsi Chief Matrimonial Courts.


19. Parsi Chief Matrimonial Courts. The Court so constituted in each of the Presidency-towns shall be entitled the Parsi Chief
Matrimonial Court of Calcutta, Madras or Bombay, as the case may be.
The local limits of the jurisdiction of a Parsi Chief Matrimonial
Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court, or such other Judge of the same Court as the Chief
Justice shall from time to time appoint shall be the Judge of such
Matrimonial Court, and, in the trial of cases under this Act, he shall be aided 1[ by five delegates, except in regard to--

(a) interlocutory applications and proceedings;

(b) alimony and maintenance both permanent as well as pendente lite;

(c) custody maintenance and education of children; and

(d) all matters and proceedings other than the regular hearing of cases.]


20.Parsi District Matrimonial Courts.


20. Parsi District Matrimonial Courts. Every Court so constituted at a place other than a Presidency town shall be entitled the Parsi District Matrimonial Court of such place. Subject to the provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which it is held. The Judge of the principal Court of original civil jurisdiction at such place shall be the Judge of such
Matrimonial Court, and in the trial of cases under this Act he shall be aided 1[by five delegates, except in regard to--

(a) interlocutory applications and proceedings;

(b) alimony and maintenance, both permanent as well as pendente lite;

(c) custody maintenance and education of children; and

(d) all matters and proceedings other than the regular hearing of cases.


-----------------------------------------------------------------------
1 Subs. by Act. 5 of 1988 , s.4 (w.e.f. 15.4.1988)
------------------------------------------------------------------------

224.21.Power to alter territorial jurisdiction of District Courts.



21. Power to alter territorial jurisdiction of District Courts.
The State Government may from time to time alter the local limits of the jurisdiction of any Parsi District Matrimonial Court, and may include within such limits any number of districts under its government.


22.Certain districts to be within jurisdiction of the Chief Matrimonial
Court.


22. Certain districts to be within jurisdiction of the Chief
Matrimonial Court.Any district which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient to include within the jurisdiction of any District Matrimonial Court, shall be included within the jurisdiction of the Parsi Chief
Matrimonial Court for the territories under such State Government where there is such a Court.


23.Court seals.


23. Court seals. A seal shall be made for every Court constituted under this Act, and all decrees and orders and copies of decrees and orders of such Court shall be sealed with such seal, which shall be kept in the custody of the presiding Judge.


24.Appointment of delegates.


24. Appointment of delegates. (1) The State Government, shall, in the Presidency-towns and districts subject to their respective governments, respectively appoint persons to be delegates to aid in the adjudication of cases arising under this Act, after giving the local Parsis an opportunity of expressing their opinion in such manner as the respective Governments may think fit.

(2) The persons so appointed shall be Parsis, their names shall be published in the Official Gazette and their number shall, within the local limits of the ordinary original civil jurisdiction of a High
Court, be not more than thirty, and in districts beyond such limits, not more than twenty,


25.Power to appoint new delegates.


25. Power to appoint new delegates. The appointment of a delegate shall be for ten years ; but he shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or have completed his term of office, or be desirous of relinquishing his office, or refuse or become incapable or unfit to act, or cease to be a Parsi, or be convicted of an offence under the
Indian Penal Code (45 of 1860) or other law for the time being 1[in force involving moral turpitude] or be adjudged insolvent, then and so often the State Government may appoint any person being a Parsi to be a delegate in his stead ; and the name of the person so appointed shall be published in the Official Gazette.


---------------------------------------------------------------------

1 Ins. by Act 5 of 1988, s.5 (w.e.f. 15.4.1988)
---------------------------------------------------------------------

225.26.Delegates to be deemed public servants.


26.Delegates to be deemed public servants. All delegates appointed under this Act shall be considered to be public servants within the meaning of the Indian Penal Code. (45 of 1860)


27.Selection of delegates under sections 19 and 20 to be from those appointed under section 24.27. Selection of delegates under sections 19 and 20 to be from those appointed under section 24. The delegates selected under sections 19 and 20 to aid in the adjudication of suits under this Act, shall be taken under the orders of the presiding Judge of the Court in due rotation from the delegates appointed by the State Government under section 24:

Provided that each party to the suit may, without cause assigned, challenge any 1[two] of the delegates attending the Court before such delegates are selected and no delegate so challenged shall be selected.


28.Practitioners in Matrimonial Courts.


28. Practitioners in Matrimonial Courts. All legal practitioners entitled to practise in a High Court shall be entitled to practise in any Court constituted under this Act, and all legal practitioners entitled to practise in a District Court shall be entitled to practise in any Parsi District Matrimonial Court constituted under this Act.



29.Court in which suits to be brought.


29. Court in which suits to be brought. (1) All suits instituted under this Act shall be brought in the Court within the limits of whose jurisdiction the defendant resides at the time of the institution of the suit 2[ or where the marriage under this Act was solemnized.]

(2) When the defendant shall at such time have left 3*[the terri-
tories to which this Act extends] such suit shall be brought in the
Court at the place where the plaintiff and defendant last resided together.

(3) In any case, whether the defendant resides in 3[the territories to which this Act extends] or not, such suit may be brought in the Court at the place where the plaintiff resides or at the place where the plaintiff and the defendant last resided together, if such Court, after recording its reasons in writing, grants leave so to do.



IV.-MATRIMONIAL SUITS


30.


Suits for nullity.


30. Suits for nullity. In any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared to be null and void.


31.Suits for dissolution.


31. Suits for dissolution. If a husband or wife shall have been continually absent from his or her wife or husband for the space of seven years, and shall not have been heard of as being alive within that time by those persons

----------------------------------------------------------------------
1 Subs. by Act 5 of 1988, s.6, for "three" (w.e.f. 15.4.1988)

2 Added by s.7, ibid. (w.e.f.15.4.1988)

3 Subs. by Act 3 of 1951, s. 3 and Sch., for "Part A States and Part
C States".

----------------------------------------------------------------------

226.who would have naturally heard of him or her, had he or she been alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.


32.Grounds for divorce.


32. Grounds for divorce. Any married person may sue for divorce on any one or more of the following grounds, namely:-


(a) that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it ;


(b) that the defendant at the time of the marriage was of unsound mind and has been habitually so up to the date of the suit:

Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the marriage

1[(bb) that the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filing of the suit or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot reasonably be expected to live with the defendant.

Explanation.-In this clause,-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;


(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is susceptible to medical treatment;]


(c) that the defendant was at the time of marriage pregnant by some person other than the plaintiff:

Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two years of the date of marriage, and
(3) marital intercourse has not taken place after the plaintiff came to know of the fact ;

(d) that the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence:

Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact ;


1*[(dd) that the defendant has since the solemnization of the marriage treated the plaintiff with cruelty or has behaved In such a way as to render it in the judg-
ment of the Court improper to compel the plaintiff to live with the defendant:

Provided that in every suit for divorce on this ground it shall be in the discretion of the Court whether it should grant a decree for divorce or for judicial separation only;]




(e) that the defendant has since the marriage voluntarily cause grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has compelled the wife to submit herself to prostitution:

Provided that divorce shall not be granted on this ground if the suit has been filed more than two years
(i) after the infliction of the grievous hurt, or (ii)
after


-------------------------------------------------------------------

1 Ins. by Act 5 of 1988, s.8 (w.e.f. 15-4-1988).
-------------------------------------------------------------------

227.the plaintiff- came to know of the infection, or (iii) after the last act of compulsory prostitution ;

(f) that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860):

Provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone at least one years imprisonment out of the said period ;


( g ) that the defendant has deserted the plaintiff for at least 1[two years].

(h) that 2*** an order has been passed against the defendant by a Magistrate awarding separate maintenance to the plaintiff, and the parties have not had marital intercourse for 1[one year]
or more since such decree or order;

2 * * * * *


(j) that the defendant has ceased to be a Parsi 3[by conversion to another religion];


Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact.

4[32A. Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce. (1) Either party to marriage, whether solemnized before or after the commencement of the
Parsi Marriage and Divorce (Amendment) Act, 1988, may sue for divorce also on the ground,-

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

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

(2) No decree for divorce shall be granted under sub-section
(1) if the plaintiff has failed or neglected to comply with an order for maintenance passed against him under section 40
of this Act or section 488 of the Code of Criminal Procedure,
1898 (5 of 1898) or section 125 of the Code of Criminal
Procedure, 1973 (2 of 1974).

32B. Divorce by mutual consent. (1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved:

Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage.

(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.]





33.Joining of co-defendant.


33. Joining of co-defendant. In every such suit for divorce on the ground of adultery, the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.


34.Suits for judicial separation.



34. Suits for judicial separation. Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce 5* * *.



35.Decrees in certain suits.


35. Decrees in certain suits. In any suit under section 30, 31,
32, 6*[32A] or 34, whether defended or not, if the Court be satisfied that any of the grounds set forth in

----------------------------------------------------------------------
1 Subs. by Act 5 of 1988, s.8(w.e.f. 15.4.1988)

2 Omitted by s.8, ibid (w.e.f. 15-4-1988).

3 Ins. by s.8, ibid (w.e.f. 15-4-1988).

4 Ins. by s.9, ibid. (w.e.f.15.4.1988)

5 Omitted by s.10, ibid. (w.e.f. 15.4.1988)

6 Ins. by s.11, ibid. (w.e.f. 15.4.1988)
----------------------------------------------------------------------

228.those sections for granting relief exist, that none of the grounds therein set forth for withholding relief exist and that-


(a) the act or omission set forth in the plaint has not been condoned;

(b) the husband and wife are not colluding together;

(c) the plaintiff has not connived at or been accessory to the said act or omission;

(d) (save where a definite period of limitation is provided by this Act) there has been no unnecessary or improper delay in instituting the suit ; and


(e) there is no other legal ground why relief should not be granted ;


then and in such case, but not otherwise, the Court shall decree such relief accordingly.


36.Suit for restitution of conjugal rights.


36. Suit for restitution of conjugal rights. Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.


37.Counter-claim by defendant for any relief.


37. Counter-claim by defendant for any relief. In any suit under this Act, the defendant may make a counterclaim for any relief he or she may be entitled to under this Act.


38.Documentary evidence.


1[38. Documentary evidence. Notwithstanding anything contained in any other law for the time being in force, no document shall be inadmissible in evidence in any proceeding at the trial of a suit under this Act on the ground that It is not duly stamped or registered.]



39.Alimony pendente lite.


2[39.Alimony pendente lite. Where in any suit under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, as, having regard to the plaintiffs own income and the income of the defendant, it may seem to the Court to be reasonable.


40.


Permanent alimony and maintenance.


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

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

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

---------------------------------------------------------------------
1 Subs. by Act 5 of 1988, s.12 (w.e.f. 15-4-1988).

2 Subs. by s.13, ibid. (w.e.f. 15-4-1988)

---------------------------------------------------------------------


229.41.Payment of alimony to wife or to her trustee.


41. Payment of alimony to wife or to her trustee. In all cases in which the Court shall make any decree or order for alimony it may direct the same to be paid either to the wife


230


herself, or to any trustee on her behalf to be approved by the Court
1[or to a guardian appointed by the court,]and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee, 1[or guardians] if for any reason it shall appear to the Court expedient so to do.


42.Disposal of joint property.


42. Disposal of joint property. In any suit under this Act the
Court may make such provisions in the final decree as it may deem just and proper with respect to property presented at or about the time of marriage which may belong jointly to both the husband and wife.


43.Suits to be heard in camera and may not be printed or published.


2[43. Suits to be heard in camera and may not be printed or published. (1) Every suit filed under this Act shall be tried in camera and it shall not be lawful for any person to print or publish any matter in relation to any such case except a judgment of the Court printed or published with the previous permission of the Court.

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


44.Validity of trial.


44. Validity of trial. Notwithstanding anything contained in section 19 or section 20 where in the case of a trial in a Parsi
Matrimonial Court not less than 3[three] delegates have attended throughout the proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other delegates.


45.Provisions of Civil Procedure code to apply to suits under the
Act.


45. Provisions of Civil Procedure code to apply to suits under the Act.The provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, so far as the same may be applicable, apply to proceedings in suits instituted under this Act including proceedings in execution and orders subsequent to decree:

4[Provided that the presiding Judge shall read out to the delegates the relevant sections of this Act, and may, if he consider it necessary so to do, explain the same:

Provided further that a verbatim record shall be made of what the pesiding Judge reads out or explains to the delegates.]



46.Determination of question of law and procedure and of fact.


46.Determination of question of law and procedure and of fact. In suits under this Act all questions of law and procedure shall be determined by the presiding Judge ; but the decision on the facts shall be the decision of the majority of the delegates before whom the case is tried:

Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be the decision of the presiding Judge.


47.Appeal to High Court.


47. Appeal to High Court. 5[(i)] An appeal shall lie to the High
Court from-

(a) the decision of any Court established under this Act, whether a Chief Matrimonial Court or District Matrimonial
Court, on the ground of the decision being contrary to some law or usage having the force of law, or of a substantial error or defect in the procedure or


------------------------------------------------------------------
1 Ins. by ACt 5 of 1988, s.14 (w.e.f. 15.4.1988)

2 Subs. by s.15, ibid. (w.e.f. 15.4.1988)

3 Subs. by s.16, ibid. (w.e.f. 15.4.1988)

4 Added by s.17, ibid (w.e.f. 15.4.1988)

5 Renumbered by s.18, ibid (w.e.f. 15.4.1988)
---------------------------------------------------------------------



231.investigation of the case which may have produced error or defect in the decision of the case upon the merits, and on no other ground ; and

(b) the granting of leave by any such Court under sub-
section (3) of section 29 :


Provided that such appeal shall be instituted within three calen-
dar months after the decision appealed from shall have been pro-
nounced.

1[(2) Every appeal under sub-section (1) shall be heard by a
Bench of two judges of the High Court.]


48.Liberty to parties to marry again.


48. Liberty to parties to marry again. When the time 2*** limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again 2* * *.


V.-CHILDREN OF THE PARTIES


49.Custody of children.


49. Custody of children. In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance and education of the children under the age of 3[eighteen years] the marriage of whose parents is the subject of such suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending.


50.


Settlement of wifes property for benefit of children.


50. Settlement of wifes property for benefit of children. In any case in which the Court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court that the wife is entitled to any property either in possession or reversion, the Court may order such settlement as it shall think reasonable to be made of any part of such property, not exceeding one-half thereof, for the benefit of the children of the marriage or any of them.

---------------------------------------------------------------------
1 Ins.by Act 5 of 1988, s.18 (w.e.f. 15.4.1988)

2 Omitted by s.19, ibid. (w.e.f. 15.4.1988)

3 Subs. by s.20, ibid. (w.e.f. 15.4.1988)
----------------------------------------------------------------------

232.VI.-MISCELLANEOUS

51.Superintendence of High Court.


51. Superintendence of High Court. The High Court shall have superintendence over all Courts constituted under this Act subject to its appellate jurisdiction in the same manner as it has over other
Courts under 1[article 227 of the Constitution] and all the provisions of 2[that article] shall apply to such Courts.


52.Applicability of provisions of the Act.


52. Applicability of provisions of the Act. (1) The provisions of this Act shall apply to all suits to which the same are applicable whether the circumstances relied on occurred before or after the passing of this Act, and whether any decree or order referred to was passed under this Act or under the law in force before the passing of this Act, and where any proceedings are pending in any Court at the time of the commencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary as the result of the coming into operation of this Act.

(2) A Parsi who has contracted a marriage under the Parsi
Marriage and Divorce Act, 1865,3 (15 of 1865) or under this Act, even though such Parsi may change his or her religion or domicile, so long as his or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a competent Court under either of the said Acts, shall remain bound by the provisions of this Act.


53.Repeal.


53. [ Repeal.] Rep. by the Repealing and Amending Act, 1937 (20.of 1937), s. 3 and Sch. II.



SCHEDULE 1.See section 3.--------
SCHEDULE I


(See section 3)


Table of prohibited degrees of consanguinity and affinity

A man shall not marry his-

1. Paternal grand-fathers mother.


2. Paternal grand-mothers mother.

---------------------------------------------------------------------
1 Subs. by the A. O. 1950, for " section 107 of the Government of
India Act".

2 Subs. by Act 36 of 1957, s. 3 and Sch. II for "that section".

3 Rep. by this Act.
---------------------------------------------------------------------


233.3. Maternal grand-fathers mother.

4. Maternal grand-mothers mother.

5. Paternal grand-mother.

6. Paternal grand-fathers wife.

7. Maternal grand-mother.

8. Maternal grand-fathers wife.

9. Mother or step-mother.

10. Fathers sister or step-sister.

11. Mothers sister or step-sister.

12. Sister or step-sister.

13. Brothers daughter or step-brothers daughter, or any direct lineal descendant of a brother or step-brother.

14. Sisters daughter or step-sisters daughter, or any direct lineal descendant of a sister or step-sister.

15. Daughter or step-daughter, or any direct lineal descendant of either.

16. Sons daughter or step-sons daughter, or any direct lineal descendant of a son or step-son.

17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son.

18. Wife of daughters son or of step-daughters son, or of any direct lineal descendant of a daughter or step-daughter.

19. Mother of daughters husband.

20. Mother of sons wife.

21. Mother of wifes paternal grand-father.

22. Mother of wifes paternal grand-mother.

23. Mother of wifes maternal grand-father.

24. Mother of wifes maternal grand-mother.

25. Wifes paternal grand-mother.

26. Wifes maternal grand-mother.

27. Wifes mother or step-mother.

28. Wifes fathers sister.

29. Wifes mothers sister.

30. Fathers brothers wife.



234.31. Mothers brothers wife.

32. Brothers sons wife.

33. Sisters sons wife.

A woman shall not marry her---

1. Paternal grand-fathers father.

2. Paternal grand-mothers father.

3. Maternal grand-fathers father.

4. Maternal grand-mothers father.

5. Paternal grand-father.

6. Paternal grand-mothers husband.

7. Maternal grand father.

8. Maternal grand-mothers husband.

9. Father or step-father.

10. Fathers brother or step-brother.

11. Mothers brother or step-brother.

12. Brother or step-brother.

13. Brothers son or step-brothers son, or any direct lineal descendant of a brother or step-brother.

14. Sisters son or step-sisters son, or any direct lineal descendant of a sister or step-sister.

15. Son or step-son, or any direct lineal descendant of either.

16. Daughters son or step-daughters son, or any direct lineal descendant of a daughter or step-daughter.

17. Husband of daughter or of step-daughter, or of any direct lineal descendant of a daughter or step-daughter

18. Husband of sons daughter or of step-sons daughter, or of
:any direct lineal descendant of a son or step-son.

19. Father of daughters husband.

20. Father of sons wife.

21. Father of husbands paternal grand-father.

22. Father of husbands paternal grand-mother.

23. Father of husbands maternal grand-father.

24. Father of husbands maternal grand-mother.

235.25. Husbands paternal grand-father.

26. Husbands maternal grand-father.

27. Husbands father or step-father.

28. Brother of husbands father.

29.Brother of husbands mother.

30. Husbands brothers son, or his direct lineal descendant.

31. Husbands sisters son, or his direct lineal descendant.

32. Brothers daughters husband.

33. Sisters daughters husband.



SCHEDULE II


Certificate of Marriage


-----------
SCHEDULE II

(See section 6)

Certificate of Marriage

---------------------------------------------------------------------
Date and place of marriage.
---------------------------------------------------------------------
Names of the husband and wife.
---------------------------------------------------------------------
Condition at the time of marriage.
---------------------------------------------------------------------
Rank or profession
---------------------------------------------------------------------
Age.
---------------------------------------------------------------------
Residence.
---------------------------------------------------------------------
Names of the fathers or guardians.
---------------------------------------------------------------------
Rank or profession.
---------------------------------------------------------------------
Signatures of the officiating priest.
---------------------------------------------------------------------
Signature of the contracting parties.
---------------------------------------------------------------------
Signatures of the fathers or guardians of the contracting parties under 21 years of age.
---------------------------------------------------------------------
Signatures of witnesses.
---------------------------------------------------------------------

NOTE.-In the above table the words " brother " and "sister"
denote brother and sister of the whole as well as half blood.
Relationship by step means relationship by marriages.

__________________End of Parsi Marriages Act__________

 

THE MARRIAGE LAWS (AMENDMENT) ACT, 2001



Act :

THE MARRIAGE LAWS (AMENDMENT) ACT, 2001.ACT NO. 49 OF 2001.[24th September, 2001.]


An Act further to amend the Indian Divorce Act, 1869, the Parsi
Marriage and Divorce Act, 1936, the Special Marriage Act, 1954 and the
Hindu Marriage Act, 1955.BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-


CHAP

PRELIMINARY


CHAPTER I

PRELIMINARY


1.Short title.


1. Short title.-This Act may be called the Marriage Laws (Amendment)
Act, 2001.CHAP

AMENDMENTS TO THE INDIAN DIVORCE ACT, 1869.

Act : CHAPTER II

AMENDMENTS TO THE INDIAN DIVORCE ACT, 1869.2.Amendment of section 36.2. Amendment of section 36.-In section 36 of the Indian Divorce Act,
1869 (4 of 1869) (hereafter in this Chapter referred to as the Divorce
Act),-

(a) for the words "the wife may present a petition for alimony pending the suit", the words "the wife may present a petition for expenses of the proceedings and alimony pending the suit" shall be substituted;

(b) for the words "for payment to the wife of alimony pending the suit", the words "for payment to the wife of the expenses of the proceedings and alimony pending the suit" shall be substituted;

(c) after the proviso, the following proviso shall be inserted, namely:-

"Provided further that the petition for the expenses of the proceedings and alimony pending the suit shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.".


3.Amendment of section 41.3. Amendment of section 41.-In section 41 of the Divorce Act, the following proviso shall be inserted, namely:-

"Provided that the application with respect to the maintenance and education of the minor children pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".


CHAP

AMENDMENTS TO THE PARSI MARRIAGE AND DIVORCE ACT, 1936.

Act : CHAPTER III

AMENDMENTS TO THE PARSI MARRIAGE AND DIVORCE ACT, 1936.4.Amendment of section 39.4. Amendment of section 39.-In section 39 of the Parsi Marriage and
Divorce Act, 1936 (3 of 1936) (hereafter in this Chapter referred to as the Parsi Marriage and Divorce Act), the following proviso shall be inserted, namely:-

"Provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the c se may be.".


5.Amendment of section 49.5. Amendment of section 49.-In section 49 of the Parsi Marriage and
Divorce Act, the following proviso shall be inserted, namely:-

"Provided that the application with respect to the maintenance and education of such children during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".


CHAP

AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954.

Act : CHAPTER IV

AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954.6.Amendment of section 36.6. Amendment of section 36.-In section 36 of the Special Marriage
Act, 1954 (43 of 1954) (hereafter in this Chapter referred to as the
Special Marriage Act), the following proviso shall be inserted, namely:-

"Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under
Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of n tice on the husband.".


7.Amendment of section 38.7. Amendment of section 38.-In section 38 of the Special Marriage
Act, the following proviso shall be inserted, namely:-

"Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Chapter
V or Chapter VI shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.".


CHAP

AMENDMENTS TO THE HINDI MARRIAGE ACT, 1955.

Act : CHAPTER V

AMENDMENTS TO THE HINDU MARRIAGE ACT, 1955.8.Amendment of section 24.8. Amendment of section 24.-In section 24 of the Hindu Marriage Act,
1955 (25 of 1955) (hereafter in this Chapter referred to as the Hindu
Marriage Act), the following proviso shall be inserted, namely:-

"Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.".


9.Amendment of section 26.9. Amendment of section 26.-In section 26 of the Hindu Marriage Act, the following proviso shall be inserted, namely:-

"Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree shall, as far as possible, be disposed of within sixty days from the date of service of notice on the res ondent.".

 

_________________________________________________________________

THE FOREIGN MARRIAGE ACT,1969

Year : 1969

Act :

THE FOREIGN MARRIAGE ACT,1969.ACT NO. 33 OF 1969.An Act to make provision relating to marriages of citizens of India outside India.

[31st Auust 1969.]

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:-


CHAP

PRELIMINARY


CHAPTER I

PRELIMINARY




1.Short title.


1.Short title.-This Act may be called the Foreign Marriage Act,
1969.2.Definitions.


2.Definitions.-In this Act, unless the context otherwise requires,-

(a) "degrees of prohibited relationship" shall have the same meaning as in the Special Marriage Act, 1954 (43 of
1954;

(b) "district", in relation to a Marriage Officer, means the area within which the duties of his office are to be dis-
charged;


(c) "foreign country" means a country or place outside
India, and includes a ship which is for the time being in the territorial waters of such a country or place ;


(d) "Marriage Officer" means a person appointed under section 3 to be a Marriage Officer ;

(e) "official house", in relation to a Marriage Officer, means-


(i) the official house of residence of the officer;

(ii) the office in which the business of the officer is transacted;

(iii) a prescribed place ; and


(f) "prescribed" means prescribed by rules made under this
Act.



3.Marriage Officers.


3.Marriage Officers.-For the purposes of this Act, the Central
Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be
Marriage Officers for any foreign country.



40L



Explanation.-In this section, "diplomatic officer" means an ambassador, envoy, minister, high commissioner, commissioner, charged
affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission

CHAPTER II

SOLEMNIZATION OF FOREIGN MARRIAGES


4.Conditions relating to solemnization of foreign marriages.


4.Conditions relating to solemnization of foreign marriages.-A
marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:--


(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and

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

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


5.Notice of intended marriage.


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


6.Marriage Notice Book.


6.Marriage Notice Book.-The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the "Marriage Notice Book", and such book shall be




40M



open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.


7.Publication of notice.


7.Publication of notice.-Where a notice under section 5 is given to the Marriage Officer, he shall cause it to, be published-


(a) in his own office, by affixing a copy thereof to a conspicuous place, and

(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.


8.Objection to marriage.


8.Objection to marriage.-(1)Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.Explanation.-Where the publication of the notice by affixation under clause (a) of section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date.

(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection; and the Marriage
Officer shall record the nature of the objection in his Marriage
Notice Book.


9.Solemnization of marriage where no objection made.


9.Solemnization of marriage where no objection made.-If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.


10.Procedure on receipt of objection.


10.Procedure on receipt of objection.-(1)If an objection is made under section 8 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

(2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after



40N


making such further inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer, who shall act in conformity with the decision of the Central Government.


11.Marriage not to be in contravention of local laws.


11. Mgarriage not to be in contravention of local laws.-(1)The
Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

(2)The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations.

(3) Where a Marriage Officer refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the
Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.


12.Declaration by parties and witnesses.


12. Declaration by parties and witnesses.-Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the
Second Schedule, and the declaration shall be countersigned by the
Marriage Officer.


13.Place and form of solemnization.


13. Place and form of solemnization.-(1) A marriage by or before a Marriage Officer under this Act shall be solemnized at the official house of the Marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.

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

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

Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in


40o

a language which the Marriage Officer or, as the case may be, such witness understands.


14.Certificate of marriage.


14.Certificate of marriage. (1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the three witnesses.

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


15.Validity of foreign marriages in India.


15. Validity of foreign marriages in India.-Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.


16.New notice when marriage not solemnized within six months.


16. New notice when marriage not solemnized within six months.-
Whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the Marriage Officer as required under section 5 or where the record of a case has been transmitted to the Central Government under section 10, or where an appeal has been preferred to the Central Government under section 11, within three months from the date of decision of the Central
Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act

Act :

CHAPTER III

REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS


17.Registration of foreign marriages.17. Registration of foreign marriages.-(1)
Where- (a) a Marriage Officer is satisfied that a marriage has been duty solemnized in a foreign

CHAPTER IV

MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES


18.Matrimonial reliefs to be under Special marriage Act, 1954.18. Matrimonial reliefs to be under Special marriage Act, 1954.-
(1)Subject to the other provisions contained in this section, the provisions of Chapters IV, V, VI and VII of the Special Marriage Act,
1954, (43 of 1954) shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country


40Q

between parties of whom one at least is a citizen of India as they apply in relation to marriages solemnized under that Act.

Explanation.-In its application to the marriages referred to in this sub-section, section 24 of the Special Marriage Act, 1954 (43 of
1954), shall be subject to the following modifications, namely:-


(i) the reference in sub-section (1) thereof to clauses
(a), (b),(c)and (d) of section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) and (d)
respectively of section 4 of this Act, and

(ii) nothing contained in section 24 aforesaid shall apply to any marriage-


(a) which is not solemnized under this Act; or

(b) which is deemed to be solemnized under this Act by reason of the provisions contained in section 17:


Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention of sub-section (2) of section
17.(2) Every petition for relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954), as made applicable to the marriages referred to in sub-section (1), shall be presented to the district court within the local limits of whose ordinary civil jurisdiction-


(a) the respondent is residing at the time of the presentation of the petition; or

(b) the husband and wife last resided together; or

(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

Explanation.-In this section, "district court" has the same mean-
ing as in the Special Marriage Act, 1954 (43 of 1954).

(3) Nothing contained in this section shall authorise any court-


(a) to make any decree of dissolution of marriage, except where-


(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the petitioner, being the wife, was domiciled in
India immediately before the marriage and has been

40R



residing in India for a period of not less than three years immediately preceding the presentation of the petition;


(b) to make any decree annulling a voidable marriage, except where-



(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the marriage was solemnized under this Act and the petitioner, being the wife, has been ordinarily resident in India for a period of three years immediately preceding the presentation of the petition;


(c) to make any decree of nullity of marriage in respect of a void marriage, except where-


(i) either of the parties to the marriage is domiciled in India at the time of the presentation of the peti-
tion, or

(ii) the marriage was solemnized under this Act and the petitioner is residing in India at the time of the presentation of the petition;


(d) to grant any other relief under Chapter V or Chapter VI
of the Special Marriage Act, 1954 (43 of 1954), except where the petitioner is residing in India at the time of the presentation of the petition.


(4) Nothing contained in sub-section (1) shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954, (45 of 1954) or otherwise) is provided for under any other law for the time being in force.

CHAPTER V

PENALTIES


19.Punishment for bigamy.


19.Punishment for bigamy.-(1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be



40S


subject to the penalties provided in section 494 and section 495 the
Indian Penal Code (45 of 1860) and the marriage so contracted shall be void.


(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.


20.Punishment for contravention of certain other conditions for marriage.


20. Punishment for contravention of certain other conditions for marriage.-Any citizen of India who procures a marriage of himself or herself to be solemnized under this Act in contravention of the con-
dition specified in clause (c) or clause (d) of section 4 shall be punishable-


(a) in the case of contravention of the condition specified in clause (c) of section 4, with simple imprisonment which may extend to fifteen days or with fine which may extend to one thousand rupees, or with both; and

(b) in the case of a contravention of the condition specified in clause (d) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.




21.Punishment for false declaration.


21. Punishment for false declaration.-If any citizen of India for the purpose of procuring a marriage, intentionally-


(a) where a declaration is required by this Act, makes a false declaration ; or

(b) where a notice or certificate is required by this Act, signs false notice or certificate;


he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.


22.Punishment for wrongful action of Marriage Officer.


22.Punishment for wrongful action of Marriage Officer.-Any
Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

CHAPTER VI

MISCELLANEOUS



23.Recognition of marriage solemnized under law of other countries.


23.Recognition of marriage solemnized under law of other countries.-If the Central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains




40T


provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.


24.Certification of documents of marriages solemnized in accordance withlocal law in a foreign country.


24. Certification of documents of marriages solemnized in accordance with local law in a foreign country.-(1) Where-


(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by noti-
fication in the Official Gazette, in accordance with the law of that country between parties of whom one at least is a citizen of India; and

(b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in which the marriage was solemnized-


(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and

(ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and


(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation;



the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.

(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country.


25.Certified copy of entries to be evidence.


25. Certified copy of entries to be evidence.-Every certified copy purporting to be signed by the Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original.





40u



26.Correction of errors.


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


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


27.Act not to affect validity of marriages outside it.


27. Act not to affect validity of marriages outside it.-Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this Act.


28.Power to make rules.


28. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

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


(a) the duties and powers of Marriage Officers and their districts;

(b) the manner in which a Marriage Officer may hold any inquiry under this Act;

(c) the manner in which notices of marriage shall be published;

(d) the places in which and the hours between which marriages under this Act may be solemnized;

(e) the form and the manner in which any books required by or under this Act to be kept shall be maintained;

(f)the form and manner in which certificates of marriages may be entered under sub-section (5) of section 17;


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

(h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage
Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate, Book, the manner in



40v


which certificates of such corrections shall be sent to the authorities;


(i) the inspection of any books required to be kept under this Act and the furnishing of certified copies of entries therein;


(j) the manner in which and the conditions subject to which any marriage may be recognized under section 23;

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



(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid]" both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


29.Amendment of Act 43 of 1954.29. Amendment Act of 43 of 1954.-In the Special Marriage Act,
1954,-

(a) in section 1, in sub-section (2), for the words
"outside the said territories", the words "in the State of
Jammu and Kashmir" shall be substituted;

(b) in section 2, clauses (a) and (c) shall be omitted;

(c) in section 3, for sub-section (2), the following sub-
section shall be substituted, namely:-

"(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and
Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the
Central Government as it may think fit to be the
Marriage Officers for the State or any part thereof.";


(d) in section 4, for clause (e), the following clause shall be substituted, namely:-


"(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of


---------------------------------------------------------------------
1. Subs. by Act 20 of 1983, s.2 and Sch. (w.e.f. 15-3-1984).
---------------------------------------------------------------------


40w



India domiciled in the territories to which this Act extends.";


(e) in section 10, for the words "outside the territories to which this Act extends in respect of an intended marriage outside the said territories", the words
"in the State of Jammu and Kashmir in respect of an intended marriage in the State" shall be substituted;

(f) in section 50, in sub-section (1), the words
"diplomatic and consular officers and other" shall be omitted.


30.

Repeal.


30.Repeal.-The Indian Foreign Marriage Act, 1903 (1 of 1903), is hereby repealed.

_________________End of Foreign Marriage Act_________________

THE FAMILY COURTS ACT, 1984

Year : 1984

Act : CHAPTER I - PRELIMINARY


1. Short title, extent and commencement. - 1) This Act may be called the Family Courts Act, 1984.
(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.

2. Definitions.- In this Act, unless the context otherwise requires,

Judge means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;
notification means a notification published in the Official Gazette;
prescribed means prescribed by rules made under this Act;
Family Court means a Family Court established under Sec.3;
all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908(5 of 1908), shall have the meanings respectively assigned to them in that Code.

CHAPTER II - FAMILY COURTS

(3) Establishment of Family Courts.-(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government after consultation with the High Court, and by notification,-

shall, as soon as may be after the commencement of this Act, establish for every area in the State comprising a city or town whose population exceeds one million, a Family Court;
may establish Family Courts for such other areas in the State as it may deem necessary.
(2) The State Government shall, after consultation with the High Court specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.

4. Appointment of Judges. (1) The State Government may, with the concurrence of the High Court appoint one or more persons to be the Judge or Judges, of a Family Court.

(2) When a Family Court consists of more than one Judge-



each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;
the State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge;
the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof;
the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause.
(3) A person shall not be qualified for appointment as a Judge unless he-



has for at least seven years held a Judicial office in India or the office of a member of a tribunal or any post under the Union or a State requiring special knowledge of law; or
has for at least seven years been an advocate of a High Court or of two or more such Courts in succession; or
Possesses such other qualification as the Central Government may. with the concurrence of the Chief Justice of India, prescribe.
(4) In selecting persons for appointment as Judges-

every endeavour shall be made to ensure that persons committed to the need to protect and preserve that institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counseling are selected; and
preference shall be given to women.
(5) No person shall be appointed as or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years.

(6) No salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe.

5. Association of social welfare agencies, etc.-The State Government may, in consultation with the High Court, provide. by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of-

institutions or organisations engaged in social welfare or the representatives thereof;
persons professionally engaged in promoting the welfare of the family;
persons working in the field of social welfare; and
any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.
6. Counsellors, officers and other employees of Family Courts. -(1) The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.

(2) The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees. referred to in sub-section (1), shall be such as may be specified by rules made by the State Government.

CHAPTER III - JURISDICTION

7. Jurisdiction. - (1) Subject to the other provisions of this Act, a Family Court shall-

have and exercise all the jurisdiction exercisable by any district Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and
be deemed, for the purposes of exercising such jurisdiction under such law, to be a district Court or, as the case may be. such subordinate Civil Court for the area to which the jurisdiction of the Family Court extends.
Explanation -The suits and proceedings referred to in this subsection are suits and proceedings of the following nature, namely:

a suit or proceeding between the parties to a marriage for decree of a nullity marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
a suit or proceeding for a declaration as to the legitimacy of any person;
a suit or proceeding for maintenance;
a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
(2) Subject to the other provisions of this Act a Family Court shall also have and exercise;

the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and
such other jurisdiction as may be conferred on it by any other enactment
8. Exclusion of jurisdiction and pending proceedings. -Where a Family Court has been established for any area:

no district Court or any subordinate Civil Court referred to in sub-section (1) of Sec. 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section;
no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the C9de of Criminal Procedure, 1973 (2 of 1974)
every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of Sec. 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974)-
( i ) which is pending immediately before the establishment or such Family Court before district Court or subordinate Court referred to in that sub-section or, as the case may be, before any Magistrate under the said Code; and

( ii ) which would have been required to be instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act has come into force and such Family Court had been established,

shall stand transferred to such Family Court on the date on which it is established;

CHAPTER IV - PROCEDURE

9. Duty of Family Court to make efforts for settlement. -(1) In every suit or proceeding, endeavour shall be made by Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.

(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties. the Family Court may adjourn the proceedings for such period, as it thinks fit to enable attempts to be made to effect such a settlement.

(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court. to adjourn the proceedings.

10. Procedure generally.-(1) Subject to the other provisions of this Act and rules, the provisions of the Code of Civil Procedure, 1908(5 of 1908), and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), before a Family Court and for the purpose of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court.

(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or the rules made thereunder, shall apply to the proceedings under Chapter IX of the Code before a Family Court.

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.

11. Proceedings to be held in camera.-In every suit or proceedings to which the Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires.

12. Assistance of medical and welfare experts.-In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act.

13. Right to legal representation.-Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right to be represented by a legal practitioner:

Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.

14. Application of Indian Evidence Act, 1872.-A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion. assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872).

15. Record of oral evidence.-In suit or proceedings, before a Family Court, it shall not be necessary to record the evidence of witnesses at length, but the Judges as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record.

16. Evidence of formal character on affidavit.-(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.

(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

17. Judgment. -Judgment of a Family Court shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.

18. Execution of decrees and orders. -(1) A decree or an order (other than an order under Chapter Ix of the Code of Criminal Procedure, 1973, (2 of 1974), passed by a Family Court shall have the same force and effect as a decree or order of a Civil Court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for the execution of decrees and orders.

(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure 1973, (2 of 1974), shall be executed in the manner prescribed for the execution of such order by that Code.

(3) A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary Civil Court to which it is sent for execution.

CHAPTER V - APPEALS AND REVISIONS

19. Appeal. -(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908(5 of 1908), or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter Ix of the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), before the commencement of the Family Courts (Amendment) Act, 1991.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.

(5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court.

(6) An appeal referred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.

CHAPTER VI - MISCELLANEOUS

20. Act to have overriding effect.-The provisions of this Act shall] have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

21. Power of High Court to make rules.-(1) The High Court may, by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.

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

normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours;
holding of sittings of Family Courts at places other than the ordinary places of sitting:
efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement.
22. Power of the Central Government to make rules. -(1) The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in Cl.(c) of sub-section (3) of Sec.4.

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

23. Power of the State Government to make rules. -(1) The State Government may, after consultation with the High Court, by notification make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for all or any of the following matters, namely:

the salary or honorarium and other allowances payable to, and the terms and conditions of Judges under sub-section (6) of Sec. 4;
the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in Sec. 6;
payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in Sec. 12 out of the revenues of the State Government and the scales of such fees and expenses;
payment of fees and expenses to legal practitioners appointed under Sec. 13 as amicus curiae out of the revenues of the State Government and the scales of such fees and expenses;
any other matter which is, required to be, or may be, prescribed or provided for by rules.
(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

_____________________________-End of Family court Act______________________________________

THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985]

Year : 1962

Act : G.S.R. 664 (E). — In exercise of the powers conferred by Section 9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government hereby make the following rules, namely: —

1. Short title and commencement. — (1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

(2) They shall come into force on the 2nd day of October, 1985 being the date appointed for the coming into force of the Dowry prohibition (Amendment) Act, 1984 (63 of 1984).

2. Rules in accordance with which lists of presents are to be maintained — (1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in sub-rule (1) or sub-rule (2) —

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship;

(d) shall be signed by both the bride and the bridegroom.

Explanation 1. Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining signature on the list of, the person who has so read out the particulars contained in the list.

Explanation 2. — Where the bridegroom is unable to sign, he may affix his thumb impression in lieu of his signature after having the list read out to him and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

(4) The bride or the bridegroom may, if she or he so desires, obtained on either or both of the lists referred to in sub-rule (1) or sub-section (2) the signature or signatures of any relations of the bride or the bridegroom or of any other person or persons present at the time of the marriage.

____________________________________________________________________________________________

THE DOWRY PROHIBITION ACT 1961

Year : 1961

Act :

THE INDIAN DIVORCE (AMENDMENT) BILL, 2001

Year : 1962

Act :

THE INDIAN DIVORCE (AMENDMENT) BILL, 2001.ACT NO. 51 OF 2001.[24th September, 2001.]


An Act further to amend the Indian Divorce Act, 1869.BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-


1.Short title and commencement.


1. Short title and commencement.-(1) This Act may be called the
Indian Divorce (Amendment) Act, 2001.(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


2.Amendment of section 1.2. Amendment of section 1.-In section 1 of the Indian Divorce Act,
1869 (4 of 1869) (hereinafter referred to as the principal Act), the word "Indian" shall be omitted.


3.Amendment of section 3.3. Amendment of section 3.-In section 3 of the principal Act,-

(a) in clause (3), for the words "or of whose jurisdiction under this
Act", the words "or of whose jurisdiction under this Act the marriage was solemnized or" shall be substituted;

(b) clauses (6) and (7) shall be omitted.


4.Omission of section 7.4. Omission of section 7.-Section 7 of the principal Act shall be omitted.


5.Substitution of new section for section 10.5. Substitution of new section for section 10.-For section 10 of the principal Act, the following section shall be substituted, namely:-

"10. Grounds for dissolution of marriage.-(1) Any marriage solemnized, whether before or after the commencement of the Indian
Divorce (Amendment) Act, 2001, may, on a petition presented to the
District Court either by the husband or the wife, be dissolve on the ground that since the solemnization of the marriage, the respondent -

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or

(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.".


6.Insertion of new section 10A.


6. Insertion of new section 10A.-After section 10 of the principal
Act, the following section shall be inserted, namely:-

"10A. Dissolution of marriage by mutual consent.-(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether s ch marriage was solemnized before or after the commencement of the Indian Divorce
(Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mu ually agreed that the marriage should be dissolved.

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


7.Substitution of new section for section 11.7. Substitution of new section for section 11.-For section 11 of the principal Act, the following section shall be substituted, namely:-

"11. Adulterer or adulteress to be co-respondent.-On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is xcused by the
Court from so doing on any of the following grounds, namely:-

(a) that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed;

(b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it;

(c) that the alleged adulterer or adulteress is dead.".


8.Amendment of section 13.8. Amendment of section 13.-In section 13 of the principal Act, the last paragraph shall be omitted.


9.Amendment of section 14.9. Amendment of section 14.-In section 14 of the principal Act, in paragraph 4, the words "in the manner and subject to all the provisions and limitations in sections 16 and 17 made and declared"
shall be omitted.


10.Amendment of section 15.10. Amendment of section 15.-In section 15 of the principal Act,-

(a) the words "without reasonable excuse" shall be omitted;

(b) for the words "her adultery and cruelty", the words "her adultery or cruelty or desertion" shall be substituted;

(c) for the words "such cruelty", the words "such adultery, cruelty"
shall be substituted.


11.Amendment of section 16.11. Amendment of section 16.-In section 16 of the principal Act the words, "not being a confirmation of a decree of a District Court,"
shall be omitted.


12.Substitution of new section for section 17.12. Substitution of new section for section 17.-For section 17 of the principal Act, the following section shall be substituted, namely:-

"17. Power of High Court to remove certain suits.-During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section
8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to ma e a decree in accordance with the justice of the case.".


13.Omission of section 17A.


13. Omission of section 17A.-Section 17A of the principal Act shall be omitted.


14.Amendment of section 18.14. Amendment of section 18.-In section 18 of the principal Act, the words "or to the High Court" shall be omitted.


15.Amendment of section 19.15. Amendment of section 19.-In section 19 of the principal Act, in the last paragraph, for the words "jurisdiction of the High Court", the words "jurisdiction of the District Court" shall be substituted.


16.Omission of section 20.16. Omission of section 20.-Section 20 of the principal Act shall be omitted.


17.Amendment of section 22.17. Amendment of section 22.-In section 22 of the principal Act, the words "without reasonable excuse" shall be omitted.


18.Amendment of sections 23, 27 and 32.18. Amendment of sections 23, 27 and 32.-In sections 23, 27 and 32 of the principal Act, the words "or the High Court" shall be omitted.


19.Omission of section 34.19. Omission of section 34.-Section 34 of the principal Act shall be omitted.


20.Omission of section 35.20. Omission of section 35.-Section 35 of the principal Act shall be omitted.


21.Amendment of section 36.21. Amendment of section 36.-In section 36 of the principal Act, the proviso shall be omitted.


22.Amendment of section 37.22. Amendment of section 37.-In section 37 of the principal Act, for the portion beginning with the words "The High Court" and ending with the words "the husband shall", the words "Where a decree of dissolution of the marriage or a decree of judicial sep ration is obtained by the wife, the District Court may order that the husband shall" shall be substituted.


23.Omission of section 39.23. Omission of section 39.-Section 39 of the principal Act shall be omitted.


24.Amendment of section 40.


24. Amendment of section 40.-In section 40 of the principal Act, for the portion beginning with the words "The High Court" and ending with the words "may inquire into", the words "The District Court may, before passing a decree for dissolution of the mar iage or a decree of nullity of marriage, inquire into" shall be substituted.


25.Amendment of section 43.25. Amendment of section 43.-In section 43 of the principal Act, for the portion beginning with the words "In any suit for obtaining" and ending with the words "deems proper", the words "In any suit for obtaining a dissolution of marriage or a decree of ullity of marriage instituted in a District Court, the Court may from time to time before making its decree, make such interim orders as it may deem proper"
shall be substituted.


26.Amendment of section 44.26. Amendment of section 44.-In section 44 of the principal Act, for the portion beginning with the words "The High Court" and ending with the words "may upon application", the words "Where a decree of dissolution or nullity of marriage has been passed, he District Court may, upon application" shall be substituted.


27.Amendment of section 45.27. Amendment of section 45.-In section 45 of the principal Act, for the words "Code of Civil Procedure", the words and figures "Code of
Civil Procedure, 1908 (5 of 1908)" shall be substituted.


28.Amendment of section 52.28. Amendment of section 52.-In section 52 of the principal Act, for the portion beginning with the words "by a wife" and ending with the words "without reasonable excuse", the words "by a husband or a wife, praying that his or her marriage may be dissol ed by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion" shall be substituted.


29.Amendment of section 55.29. Amendment of section 55.-In section 55 of the principal Act,-

(a) the first proviso shall be omitted;

(b) in the second proviso, for the words "Provided also", the words
"Provided" shall be substituted.


30.

Substitution of new section for section 57.30. Substitution of new section for section 57.-For section 57 of the principal Act, the following section shall be substituted, namely:-

"57. Liberty to parties to marry again.-Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has bee presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.".


31.Amendment of section 62.31. Amendment of section 62.-In section 62 of the principal Act, for the words "Code of Civil Procedure", the words and figures "Code of
Civil Procedure, 1908 (5 of 1908)" shall be substituted.


32.Repeal.


32. Repeal.-The Indian and Colonial Divorce Jurisdiction Act, 1926.(16 & 17 Geo. 5, c. 40), the Indian and Colonial Divorce
Jurisdiction Act, 1940 (3 and 4 Geo. IV C. 35) and the Indian
Divorce Act, 1945 (9 Geo. VI C. 51) are hereby repealed

_______________End of Indian Divorce Amendment Bill,2001________________

Other Impertinent Acts

Title : THE ARYA MARRIAGE VALIDATION ACT, 1937

Year : 1937

Act :

Title : THE CHILD MARRIAGE RESTRAINT ACT, 1929

Year : 1929

Act : An Act to restrain the solemnisation of child marriages.

Whereas it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows: —

1. Short title, extend and commencement . — This Act may be called the Child Marriage Restraint Act, 1929.

(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India without and beyond India.

(3) It shall come into force on the 1st day of April, 1930.

2. Definitions . — In this Act, unless there is anything repugnant in the subject or context, —

[1] [(a) “child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age;]

(b)“child marriage” means a marriage to which either of the contracting parties is a child;

(c)“contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised; and

(d)“minor” means a person of either sex who is under eighteen years of age.

3. Punishment for male adult below twenty-one years of age marrying a child. — Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

4. Punishment for male adult above twenty-one years of age marrying a child. — Whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

5. Punishment for solemnising a child marriage. — (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.

6. Punishment for parent or guardian concerned in a child marriage. — (1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

[2] [7. Offences to be cognizable for certain purposes. — The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences —

(a)for the purpose of investigation of such offences; and

(b)for the purposes of matters other than (i) matters referred to in Section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a Magistrate.]

8. Jurisdiction under this Act. — Notwithstanding anything contained in Section 190 of the [3] [Code of Criminal Procedure, 1973 (2 of 1974),] no Court other than that of a [4] [Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9. Mode of taking cognizance of offences. — No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

10. Preliminary inquiries into offences. — Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under Section 203 of the [5] [Code of Criminal Procedure, 1973 (2 of 1974)] either itself make an inquiry under Section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.

STATE AMENDMENT

Gujarat

In its application to the State of Gujarat, Section 10 is deleted.

[Gujarat Act 11 of 1964]

11. [Power to take security from complainant.] Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7.

12. Power to issue injunction prohibiting marriage in contravention of this Act. — (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

STATE AMENDMENT

Gujarat

After Section 12 the following sections added namely: —

“13 Child Marriage Prevention Officers. — (1) The State Government may, by notification in the official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification an officer to be known as Child Marriage Prevention Officer.

(2) It shall be the duty of the Child Marriage Prevention Officer, —

(i)to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit;

(ii)to collect evidence for the effective prosecutions of persons contraventing provisions of this Act; and

(iii)to discharge such other functions as may be assigned to him by the State Government.

(3) The State Government may, by notification in the official Gazette, invested the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.

(4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers known in the area within the jurisdiction of the officer for the purposes of advising and assisting him in the performance of his functions under this Act.

(5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.”

“13-A. Officer appointed under the Act to be public servant. — The Child Marriage Prevention Officer appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.”

13-B. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.”

“14. Power to make rules. — (1) The State Government may, by notification in the official Gazette, make rules, for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before theState Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.”

[Gujarat Act 11 of 1964 and 4 of 1973]

<[endif]>

[1] Subs. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[2] Sub. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[3] Subs. for the words “Code of Criminal Procedure, 1898” by Act No. 21 of 1978.

[4] Subs. by Act No. 2 of 1978 for certain words.

[5] Subs. or the words “Code of Criminal Procedure, 1898”, by Act No. 2 of 1978.


Year : 1929

Act :

THE CHILD MARRIAGE RESTRAINT ACT, 1929.ACT No. 19 OF 1929 1*


[1st October, 1929.]


An Act to restrain the solemnisation of child marriages.


WHEREAS it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows:-


1.Short title, extent and commencement.


1. Short title, extent and commencement.-(1) This Act may be called the Child Marriage Restraint Act, 2*[1929].


3*[(2) It extends to the whole of India 4*[except the State of
Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India:]

5*[Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.]

(3) It shall come into force on the 1st day of April, 1930.


2.Definitions.


2. Definitions.-In this Act, unless there is anything repugnant in the subject or context,-

6 *[(a) "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;]

(b) "child marriage" means a marriage to which either of the contracting parties is a child;

(c) "contracting party" to a marriage means either of the parties whose marriage is 7*[or is about to be] thereby solemnised; and

(d) "minor" means a person of either sex who is under eighteen years of age.

--------------------------------------------------------------------
1 This Act has been supplemented in Assam by Assam Act 27 of
1948, s. 45.This Act has been extended to and brought into force in Dadra and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I;
Extended to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and Sch. and to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): by
Reg. 8 of 1965, s. 3 and Sch.

2 Subs. by Act 8 of 1930, s. 2 and Sch. I, for "1928".

3 Subs. by the A. O. 1950, for the former sub-section.

4 Subs. by Act 3 of 1951, for "except Part B States".

5 Ins. by Act 26 of 1968, s. 3 and Sch.

6 Subs. by Act 2 of 1978, s. 2, for cl. (a) (w.e.f. 1-10-1978).

7 Ins. by Act 19 of 1938, s. 2.--------------------------------------------------------------------



652.3.Punishment for male adult below twenty-one years of age marrying a child.



3. Punishment for male adult below twenty-one years of age marrying a child.-Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage 1*[shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both].


4.Punishment for male adult above twenty-one years of age marrying a child.


4. Punishment for male adult above twenty-one years of age marrying a child. Whoever, being a male above twenty-one years of age contracts a child marriage shall be punishable with 2*[simple imprisonment which may extend to three months and shall also be liable to fine].


5.Punishment for solemnising a child marriage.


5. Punishment for solemnising a child marriage.-Whoever performs, conducts or directs any child marriage shall be punishable with with 2*[simple imprisonment which may extend to three months and shall also be liable to fine], unless he proves that he had reason to believe that the marriage was not a child marriage.



6.Punishment for parent or guardian concerned in a child marriage.


6. Punishment for parent or guardian concerned in a child marriage.-(1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with 2 *[simple imprisonment which may extend to three months and shall also be liable to fine]:

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.


7.Offences to be cognizable for certain purposes.



3*[7. Offences to be cognizable for certain purposes.-The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences-

(a) for the purpose of investigation of such offences; and

(b) for the purposes of matters other than (i) matters referred to in section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a
Magistrate.]

--------------------------------------------------------------------
1 Subs. by Act 41 of 1949, s. 3, for " shall be punishable with fine which may extend to one thousand rupees".

2 Subs. by s. 4, ibid., for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".

3 Ins. by Act 2 of 1978 s. 3 (w.e.f. 1-10-1978)
----------------------------------------------------------------------

653.8.Jurisdiction under this Act.



8. Jurisdiction under this Act.-Notwithstanding anything contained in section 190 of the 1*[Code of Criminal Procedure, 1973 (2.of 1974),] no Court other than that of a 1*[Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.


9.Mode of taking cognizance of offences.


2*[9. Mode of taking cognizance of offences.-No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.]


10.Preliminary inquires into offences.


3*[10. Preliminary inquires into offences.-Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under section 203.of the 4*[Code of Criminal Procedure, 1973 (2 of 1974),] either itself make an inquiry under section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.]


11.Power to take security from complainant.


11. [Power to take security from complainant.] Rep. by the Child
Marriage Restraint (Amendment) Act, 1949 (41 of 1949), s. 7.12.Power to issue injunction prohibiting marriage in contravention of this Act.


5*[12. Power to issue injunction prohibiting marriage in contravention of this Act.-(1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in sections 3, 4, 5, and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-
section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall

---------------------------------------------------------------------

1 Subs. by Act 2 of 1978, s. 4, for certain words (w.e.f.
1-10-1978).

2 Subs. by Act 19 of 1938, s.4 for the original section.

3 subs. by Act 41 of 1949, S. 6, for the original section.

4 Subs. by Act 2 of 1978, s. 5, for certain words (w.e.f.
1-10-1978).

5 Ins. by Act 19 of 1938, s. 6.--------------------------------------------------------------------

654.be punished with imprisonment of either description for a term which may extend to three months, or with fine-which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.]

 

Year : 1929

Act : An Act to restrain the solemnisation of child marriages.

Whereas it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows: —

1. Short title, extend and commencement . — This Act may be called the Child Marriage Restraint Act, 1929.

(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India without and beyond India.

(3) It shall come into force on the 1st day of April, 1930.

2. Definitions . — In this Act, unless there is anything repugnant in the subject or context, —

[1] [(a) “child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age;]

(b)“child marriage” means a marriage to which either of the contracting parties is a child;

(c)“contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnised; and

(d)“minor” means a person of either sex who is under eighteen years of age.

3. Punishment for male adult below twenty-one years of age marrying a child. — Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.

4. Punishment for male adult above twenty-one years of age marrying a child. — Whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

5. Punishment for solemnising a child marriage. — (1) Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.

6. Punishment for parent or guardian concerned in a child marriage. — (1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Provided that no woman shall be punishable with imprisonment.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

[2] [7. Offences to be cognizable for certain purposes. — The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences —

(a)for the purpose of investigation of such offences; and

(b)for the purposes of matters other than (i) matters referred to in Section 42 of that Code, and (ii) the arrest of a person without a warrant or without an order of a Magistrate.]

8. Jurisdiction under this Act. — Notwithstanding anything contained in Section 190 of the [3] [Code of Criminal Procedure, 1973 (2 of 1974),] no Court other than that of a [4] [Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of, or try, any offence under this Act.

9. Mode of taking cognizance of offences. — No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.

10. Preliminary inquiries into offences. — Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, shall, unless it dismisses the complaint under Section 203 of the [5] [Code of Criminal Procedure, 1973 (2 of 1974)] either itself make an inquiry under Section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.

STATE AMENDMENT

Gujarat

In its application to the State of Gujarat, Section 10 is deleted.

[Gujarat Act 11 of 1964]

11. [Power to take security from complainant.] Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Sec. 7.

12. Power to issue injunction prohibiting marriage in contravention of this Act. — (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnised, issue an injunction against any of the persons mentioned in Sections 3, 4, 5 and 6 of this Act prohibiting such marriage.

(2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction.

(3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1).

(4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.

(5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

Provided that no woman shall be punishable with imprisonment.

STATE AMENDMENT

Gujarat

After Section 12 the following sections added namely: —

“13 Child Marriage Prevention Officers. — (1) The State Government may, by notification in the official Gazette, appoint for the whole State or for such part thereof as may be specified in that notification an officer to be known as Child Marriage Prevention Officer.

(2) It shall be the duty of the Child Marriage Prevention Officer, —

(i)to prevent marriages being performed in contravention of the provisions of this Act by taking such action under this Act as he deems fit;

(ii)to collect evidence for the effective prosecutions of persons contraventing provisions of this Act; and

(iii)to discharge such other functions as may be assigned to him by the State Government.

(3) The State Government may, by notification in the official Gazette, invested the Child Marriage Prevention Officer with such powers of a Police Officer as may be specified in the notification and the Child Marriage Prevention Officer shall exercise his powers subject to such limitations and conditions as may be specified in the notification.

(4) The State Government may associate with each Child Marriage Prevention Officer a non-official advisory body consisting of not more than five social welfare workers, of whom at least two shall be women workers known in the area within the jurisdiction of the officer for the purposes of advising and assisting him in the performance of his functions under this Act.

(5) The terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed by rules.”

“13-A. Officer appointed under the Act to be public servant. — The Child Marriage Prevention Officer appointed under Section 13 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.”

13-B. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against the Child Marriage Prevention Officer appointed under this Act in respect of anything in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.”

“14. Power to make rules. — (1) The State Government may, by notification in the official Gazette, make rules, for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before theState Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.”

[Gujarat Act 11 of 1964 and 4 of 1973]

<[endif]>

[1] Subs. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[2] Sub. by Act No. 2 of 1978, (w.e.f. 2-10-1978).

[3] Subs. for the words “Code of Criminal Procedure, 1898” by Act No. 21 of 1978.

[4] Subs. by Act No. 2 of 1978 for certain words.

[5] Subs. or the words “Code of Criminal Procedure, 1898”, by Act No. 2 of 1978.


Year : 1929

Act :

Title : THE CONVERTS MARRIAGE DISSOLUTION ACT, 1866

Year : 1962

Act :

Title : THE INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948

Year : 1948

Act :

THE INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948.ACT NO. 40 OF 1948.An Act to confer upon Courts temporary jurisdiction in certain matrimonial causes.

[3rd September, 1948.]

WHEREAS it is expedient to confer upon Courts 1* * * temporary jurisdiction in certain matrimonial causes;

It is hereby enacted as follows:-


1.Short title and extent.


1.(1)Short title and extent.-This Act may be called the Indian
Matrimonial Causes (War Marriages) Act, 1948.(2)It extends to the whole of India, except 2[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States].


2.Definitions.


2.Definitions.-In this Act, unless there is anything repugnant in the subject or context,-


(a) "High Court" shall have the same meaning as in the
Indian Divorce Act, 1869; (4 of 1869).

(b) " marriage " includes a purported marriage which was void ab initio, and " husband " and " wife " shall be con-
strued accordingly ;


(c) "war period" means the period commencing on the 3rd day of September, 1939, and ending on the 31st day of March,
1946.

3.Application of Act.


3.Application of Act.-The marriages to which this Act applies are marriages solemnized during the war period, where the husband was, at the time of the marriage, domiciled outside India, and the wife was immediately before the marriage, domiciled in India:

Provided that this Act shall not apply to any marriage if, since the solemnization thereof, the parties thereto have resided together in the country in which the husband was domiciled at the time of the residence.

---------------------------------------------------------------------
1 The words "in the Provinces of India" omitted by the A. O. 1950.

2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B
States".

Extended to and brought into force in Dadra and Nagar Haveli(w.e.f. 1-
7-65) by Reg. 6 of 1963, s.2 and Sch. I.
---------------------------------------------------------------------

10.Explanation.-For the purposes of the above proviso the whole of the
United States of America, the whole of the United Kingdom and the whole of any British possession 1* * * shall each be treated as one country.


4.Temporary extension of jurisdiction of High Courts.


4.Temporary extension of jurisdiction of High Courts.-In the case of any marriage to which this Act applies, the High Court shall have jurisdiction in and in relation to any proceedings for divorce or for nullity of marriage as if both parties were at all material times domiciled in India; and subject to the provisions of this Act, the provisions of the Indian Divorce Act, 1869 (4 of 1869), shall apply, so far as may be, in relation to any such proceedings instituted under this Act as if they were proceedings instituted under that Act:

Provided that this section shall not apply in relation to any proceedings for divorce or for nullity of marriage unless-


(a) the petitioner or the respondent professes the
Christian religion, and

(b) the proceedings for divorce or for nullity of marriage are commenced not later than three years from the com-
mencement of this Act.



5.Saving.


5.Saving.-Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or in relation to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are domiciled anywhere in India.


6.Certain decrees and orders to be recognised.


6.Certain decrees and orders to be recognised.-The validity of any decree or order made in the United Kingdom by virtue of the
Matrimonial Causes (War Marriages) Act, 1944 (7 and 8 Geo. 6, c.43.)
shall, by virtue of this Act, be recognised in all Courts in the
States of India.


7.Power to make rules.
 

Maintenance under Hindu Marriage Act

Maintenance under Section 125 of The Code of Criminal Procedure

The object of this provision is to provide a summary remedy to the dependent wife, children, and parents from destitution and to serve a social purpose. The right under these provisions cannot be defeated by anything in the personal law of the parties.

WHO IS ENTITLED TO MAINTENANCE

1.    Wife if she is unable to maintain herself,

2.    Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself

3.    Father or mother who is unable to maintain himself or herself,

______FAILURE TO PAY

If any person against whom an order has been made fails without sufficient cause to comply with the order, the Magistrate may

1.    Issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal Procedure and

2.    May sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said sentence being imposed according to the provisions of the said Code.

Thanks to: http://helplinelaw.com

______________________________________________________________________________________________________