enerscript/MARRIAGEACT · Datasets at Fast360

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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 this Chapter, the marriage shall, as from the date of such entry, be deemed to be a
marriage solemnized under this Act, and all children born after the date of the ceremony of marriage
(whose names shall also be entered in 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 religions 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 (21 of 1850), applies.
21. Succession to property of parties married under Act.―Notwithstanding any restrictions
contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of
9
certain communities, succession to the property or 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 Act shall have effect as if Chapter III of Part V (Special Rules for Parsi
Intestates) had been omitted therefrom.
1
[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any
person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,
Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as
creates a disability shall also not apply.]
CHAPTER V
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.
2
[Explanation.―Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn
from the society.]
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 3
[in sub-section (1) 4
[and sub-section (1A)] of section 27] 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 5
[and may,
on a petition presented by either party thereto against the other party, be so declared] by a decree of
nullity if―
(i) any of the conditions specified in clauses (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
clauses (a) to (e) of section 15:

1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).
2. Added by s. 23, ibid.
3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).
4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).
5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976).
10
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 marriages.―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 owing 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 Indian Contract Act, 1872 (9 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 had ceased or, as the
case may be, the fraud had been discovered; or

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 this Chapter, the marriage shall, as from the date of such entry, be deemed to be a

marriage solemnized under this Act, and all children born after the date of the ceremony of marriage

(whose names shall also be entered in 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 religions 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 (21 of 1850), applies.

21. Succession to property of parties married under Act.―Notwithstanding any restrictions

contained in the Indian Succession Act, 1925 (39 of 1925), with respect to its application to members of

9

certain communities, succession to the property or 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 Act shall have effect as if Chapter III of Part V (Special Rules for Parsi

Intestates) had been omitted therefrom.

1

[21A. Special provision in certain cases.―Where the marriage is solemnized under this Act of any

person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,

Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as

creates a disability shall also not apply.]

CHAPTER V

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.

2

[Explanation.―Where a question arises whether there has been reasonable excuse for withdrawal

from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn

from the society.]

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 3

[in sub-section (1) 4

[and sub-section (1A)] of section 27] 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 5

[and may,

on a petition presented by either party thereto against the other party, be so declared] by a decree of

nullity if―

(i) any of the conditions specified in clauses (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

clauses (a) to (e) of section 15:

1. Ins. by Act 68 of 1976, s. 22 (w.e.f. 27-5-1976).

2. Added by s. 23, ibid.

3. Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).

4. Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).

5. Subs. by s. 25, ibid., for “and may be so declared” (w.e.f. 27-5-1976).

10

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 marriages.―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 owing 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 Indian Contract Act, 1872 (9 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 had ceased or, as the

case may be, the fraud had been discovered; or