enerscript/MARRIAGEACT · Datasets at Fast360

text stringlengths 0 206
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 read 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is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from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 (5 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 of 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 (45 of 1860).
7
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 1
[in the State of Jammu and Kashmir in respect of an intended
marriage in the State], 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 the (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

1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside
the said territories” (w.e.f. 31-8-1969).
8
Marriage Act, 1872 (3 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 performed 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 that period, shall, if satisfied that all the
conditions mentioned in 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.

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 read 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 (5 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 of 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 (45 of 1860).

7

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 1

[in the State of Jammu and Kashmir in respect of an intended

marriage in the State], 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 the (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

1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside

the said territories” (w.e.f. 31-8-1969).

8

Marriage Act, 1872 (3 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 performed 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 that period, shall, if satisfied that all the

conditions mentioned in 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.