enerscript/MARRIAGEACT · Datasets at Fast360

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marriage not solemnized under its provisions; not shall this Act be deemed
directly or indirectly to affect the validity of any mode of contracting marriage.
43. Penalty on married person marrying again under this Act.-- Save as otherwise
provided in Chapter III, every person who, being at the time married procures a
marriage of himself or herself to be solemnized under this Act shall be deemed
to have committed an offence under Sec. 494 or Sec. 495 of the Indian Penal
Code 1860 (45 of 1860), as the case may be, and the marriage so solemnized shall
be void.
44. Punishment of bigamy.-- Every person whose marriage is solemnized under
this Act and who, during the lifetime of his or her wife or husband, contracts any
other marriage shall be subject to the penalties provided in Secs.494 and 495 of
the Indian Penal Code, 1860 (45 of 1860) for the offence of marrying again during
the lifetime of a husband of wife, and the marriage so contracted shall be void.
45. Penalty for signing false declaration or certificate.-- Every person making,
signing or attesting any declaration or certificate required by or under this Act
containing a statement which is false and which he either knows or believes to be
false or does not believe to be true shall be guilty of the offence described in
Sec.199 of the Indian Penal Code, 1860 (45 of 1860).
46. Penalty for wrongful action of Marriage Officer.-- Any Marriage Officer who
knowingly and willfully solemnizes a marriage under this Act,-- (1) without
publishing a notice regarding such marriage as required by Sec.5 ; or (2) within
thirty days of the publication of the notice such marriage; or (3) in contravention
of any other provision contained in this Act, shall be punishable with simple
imprisonment for a term which may extend to one year, or with fine which may
extend to five hundred rupees, or with both.
47. Marriage Certificate Book to be open to inspection--(1) The Marriage
Certificate Book kept under this Act shall at all reasonable times be open for
inspection and shall be admissible as evidence of the statements therein
contained. (2) Certified extracts from the Marriage Certificate Book shall, on
application, be given by the Marriage Officer to the applicant on payment by him
of the prescribed fee.
48. Transmission of copies of entries in marriage records.-- Every Marriage
Officer in a State shall send to Registrar-General of Births, Deaths and Marriages
of that State at such intervals and in such form as may be prescribed, a true copy
of all entries made by him in the Marriage Certificate Book since the last of such
intervals, and in the case of Marriage Officers outside the territories to which this
Act extends, the true copy shall be sent to such authority as the Central
Government may specify in this behalf.
49. Correction of errors.--(1) Any Marriage Officer who discovers any error in
the form or substance of any entry in the Marriage Certificate Book may, within
one month next after the discovery of such error, in the presence of the persons
married, or in case of their death or absence, in the presence of two other credible
witnesses, correct the error by entry in the margin without any alteration of the
original entry and shall sign the marginal entry and add thereto the date of such
correction and the Marriage Officer shall make the like marginal entry in the
certificate thereof. (2) Every correction made under this section shall be attested
by the witnesses in whose presence it was made. (3) Where a copy of any entry
has already been sent under Sec. 48 to the Registrar-General or other authority
the Marriage Officer shall make and send in the like manner a separate certificate
of the original erroneous entry and of the marginal corrections therein made.
50. Power to make rules.--(1) The Central Government, in the case of officers of
the Central Government, and the State Government, in all other cases, may, by
notification in the Official Gazette, make rules for carrying out the purposes of
this Act. (2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:
(a) the duties and powers of Marriage Officers and the areas in which they may
exercise jurisdiction; (b) the manner in which a Marriage Officer may hold
inquiries under this Act and the procedure therefore: (c) the form and manner in
which any books required by or under this Act shall be maintained: (d) the fees
that may be levied for the performance of any duty imposed upon a Marriage
Officer under this Act; (e) the manner in which public notice shall be given under
Sec. 16: (f) the form in which, and the intervals within which, copies of entries in
the Marriage Certificate Book shall be sent in pursuance of Sec.48: (g) any other
matter which may be or requires to be prescribed. (3) Every rule made by the
Central Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified form, or be of
no effect as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that rule. (4) Every rule made by the State Government under this Act shall
be laid, as soon as it is made, before the State Legislature.
51. Repeals and savings.-(1) The Special Marriage Act, 1872 (3 of 1872), and
any law corresponding to the Special Marriage Act, 1872, in force in any Part B
State immediately before the commencement of this Act are hereby repealed. (2)
Notwithstanding such repeal.- (a) all marriages duly solemnized under Special
Marriage Act, 1872 (3 of 1872) or any such corresponding law shall be deemed
to have been solemnized under this Act: (b) all suits and proceeding in causes and
matters matrimonial which, when this Act comes into operation, are pending in
any Court shall be dealt with and decided by such Court, so far as may be, as if
they had been originally instituted therein under this Act. (3) The provisions of
sub-section (2) shall be without prejudice to the provisions contained in Sec. 6 of
the General Clauses Act, 1897 (10 of 1897) which shall also apply to the repeal
of the corresponding law as if such corresponding law had been an enactment.
THE FIRST SCHEDULE
(See Sec.2 (b))
Degree of Prohibited Relationship 1. Mother 2. Father's widow (step-mother) 3.
Mother's mother 4. Mother's father's widow (step grand-mother) 5. Mother's
mother's mother 6. Mother's mother's father's widow (step-great-grandmother) 7.
Mother's father's mother 8. Mother's father's father's widow (step-greatgrandmother) 9. Father's mother 10. Father's father's widow (step-grandmother)
11. Father's mother's mother 12. Father's mother's father's widow (step-greatgrandmother) 13. Father's father's mother 14. Father's father's father's widow
(step-great-grandmother) 15. Daughter 16. Son's widow 17. Daughter's daughter
18. Daughter's son's widow 19. Son's daughter 20. Son's son's widow 21.
Daughter's daughter's daughter 22. Daughter's daughter's son's widow 23.
Daughter's son's daughter 24. Daughter's son's son's widow 25. Son's daughter's
daughter 26. Son's daughter's son's widow 27. Son's son's daughter 28. Son's son's
son's widow 29. Sister 30. Sister's daughter 31. Brother's daughter 32. Mother's

marriage not solemnized under its provisions; not shall this Act be deemed

directly or indirectly to affect the validity of any mode of contracting marriage.

43. Penalty on married person marrying again under this Act.-- Save as otherwise

provided in Chapter III, every person who, being at the time married procures a

marriage of himself or herself to be solemnized under this Act shall be deemed

to have committed an offence under Sec. 494 or Sec. 495 of the Indian Penal

Code 1860 (45 of 1860), as the case may be, and the marriage so solemnized shall

be void.

44. Punishment of bigamy.-- Every person whose marriage is solemnized under

this Act and who, during the lifetime of his or her wife or husband, contracts any

other marriage shall be subject to the penalties provided in Secs.494 and 495 of

the Indian Penal Code, 1860 (45 of 1860) for the offence of marrying again during

the lifetime of a husband of wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate.-- Every person making,

signing or attesting any declaration or certificate required by or under this Act

containing a statement which is false and which he either knows or believes to be

false or does not believe to be true shall be guilty of the offence described in

Sec.199 of the Indian Penal Code, 1860 (45 of 1860).

46. Penalty for wrongful action of Marriage Officer.-- Any Marriage Officer who

knowingly and willfully solemnizes a marriage under this Act,-- (1) without

publishing a notice regarding such marriage as required by Sec.5 ; or (2) within

thirty days of the publication of the notice such marriage; or (3) in contravention

of any other provision contained in this Act, shall be punishable with simple

imprisonment for a term which may extend to one year, or with fine which may

extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection--(1) The Marriage

Certificate Book kept under this Act shall at all reasonable times be open for

inspection and shall be admissible as evidence of the statements therein

contained. (2) Certified extracts from the Marriage Certificate Book shall, on

application, be given by the Marriage Officer to the applicant on payment by him

of the prescribed fee.

48. Transmission of copies of entries in marriage records.-- Every Marriage

Officer in a State shall send to Registrar-General of Births, Deaths and Marriages

of that State at such intervals and in such form as may be prescribed, a true copy

of all entries made by him in the Marriage Certificate Book since the last of such

intervals, and in the case of Marriage Officers outside the territories to which this

Act extends, the true copy shall be sent to such authority as the Central

Government may specify in this behalf.

49. Correction of errors.--(1) Any Marriage Officer who discovers any error in

the form or substance of any entry in the Marriage Certificate Book may, within

one month next after the discovery of such error, in the presence of the persons

married, or in case of their death or absence, in the presence of two other credible

witnesses, correct the error by entry in the margin without any alteration of the

original entry and shall sign the marginal entry and add thereto the date of such

correction and the Marriage Officer shall make the like marginal entry in the

certificate thereof. (2) Every correction made under this section shall be attested

by the witnesses in whose presence it was made. (3) Where a copy of any entry

has already been sent under Sec. 48 to the Registrar-General or other authority

the Marriage Officer shall make and send in the like manner a separate certificate

of the original erroneous entry and of the marginal corrections therein made.

50. Power to make rules.--(1) The Central Government, in the case of officers of

the Central Government, and the State Government, in all other cases, may, by

notification in the Official Gazette, make rules for carrying out the purposes of

this Act. (2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely:

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

exercise jurisdiction; (b) the manner in which a Marriage Officer may hold

inquiries under this Act and the procedure therefore: (c) the form and manner in

which any books required by or under this Act shall be maintained: (d) the fees

that may be levied for the performance of any duty imposed upon a Marriage

Officer under this Act; (e) the manner in which public notice shall be given under

Sec. 16: (f) the form in which, and the intervals within which, copies of entries in

the Marriage Certificate Book shall be sent in pursuance of Sec.48: (g) any other

matter which may be or requires to be prescribed. (3) Every rule made by the

Central Government under this Act shall be laid, as soon as may be after it is

made, before each House of Parliament, while it is in session, for a total period

of thirty days which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session immediately

following the session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses agree that the rule should not

be made, the rule shall thereafter have effect only in such modified form, or be of

no effect as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done

under that rule. (4) Every rule made by the State Government under this Act shall

be laid, as soon as it is made, before the State Legislature.

51. Repeals and savings.-(1) The Special Marriage Act, 1872 (3 of 1872), and

any law corresponding to the Special Marriage Act, 1872, in force in any Part B

State immediately before the commencement of this Act are hereby repealed. (2)

Notwithstanding such repeal.- (a) all marriages duly solemnized under Special

Marriage Act, 1872 (3 of 1872) or any such corresponding law shall be deemed

to have been solemnized under this Act: (b) all suits and proceeding in causes and

matters matrimonial which, when this Act comes into operation, are pending in

any Court shall be dealt with and decided by such Court, so far as may be, as if

they had been originally instituted therein under this Act. (3) The provisions of

sub-section (2) shall be without prejudice to the provisions contained in Sec. 6 of

the General Clauses Act, 1897 (10 of 1897) which shall also apply to the repeal

of the corresponding law as if such corresponding law had been an enactment.

THE FIRST SCHEDULE

(See Sec.2 (b))

Degree of Prohibited Relationship 1. Mother 2. Father's widow (step-mother) 3.

Mother's mother 4. Mother's father's widow (step grand-mother) 5. Mother's

mother's mother 6. Mother's mother's father's widow (step-great-grandmother) 7.

Mother's father's mother 8. Mother's father's father's widow (step-greatgrandmother) 9. Father's mother 10. Father's father's widow (step-grandmother)

11. Father's mother's mother 12. Father's mother's father's widow (step-greatgrandmother) 13. Father's father's mother 14. Father's father's father's widow

(step-great-grandmother) 15. Daughter 16. Son's widow 17. Daughter's daughter

18. Daughter's son's widow 19. Son's daughter 20. Son's son's widow 21.

Daughter's daughter's daughter 22. Daughter's daughter's son's widow 23.

Daughter's son's daughter 24. Daughter's son's son's widow 25. Son's daughter's

daughter 26. Son's daughter's son's widow 27. Son's son's daughter 28. Son's son's

son's widow 29. Sister 30. Sister's daughter 31. Brother's daughter 32. Mother's