enerscript/MARRIAGEACT · Datasets at Fast360

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on any ground whether in the same district court, or in a different district court, in the same State or in
a different State, the petition shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,―
(a) if the petitions are presented to the same district court, both the petitions shall be tried and
heard together by that district court;

1. Subs. by Act 68 of 1976, s. 36, for “it shall rescind the order” (w.e.f. 27-5-1976).
2. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001).
3. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).
4. Subs. by Act 50 of 2003, s. 3, for “period of thirty days” (w.e.f. 23-12-2003).
5. Ins. by Act 68 of 1976, s. 38 (w.e.f. 27-5-1976).
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(b) if the petitions are presented to different district courts, the petitions presented later shall be
transferred to the district court in which the earlier petition was presented and both the petitions shall
be heard and disposed of together by the district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may
be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding
from the district court in which the later petition has been presented to the district court in which the
earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been
empowered so to do under the said Code.
40B. Special provisions relating to trial and disposal of petitions under the Act.―(1) The trial of
a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of
the trial, be continued from day to day, until its conclusions, unless the court finds the adjournment of the
trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be
made to conclude the trial within six months from the date of service of notice of the petition on the
respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be
made to conclude the hearing within three months from the date of service of notice of appeal on the
respondent.
40C. Documentary evidence.―Notwithstanding anything contained in any enactment to the
contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under
this Act on the ground that it is not duly stamped or registered.]
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 (5 of 1908), as it may consider expedient for the purpose of
carrying into effect the provisions of Chapters 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 execused 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 (4 of 1869).
CHAPTER VIII
MISCELLANEOUS
42. Saving.―Nothing contained in this Act shall affect the validity of any marriage not solemnized
under its provisions; nor 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 section 494 or section
495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be
void.
17
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 section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence
of marrying again during the lifetime of a husband or 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 section 199 of the Indian Penal Code (45 of 1860).
46. Penalty for wrongful action of Marriage Officer.―Any Marriage Officer who knowingly and
wilfully solemnizes a marriage under this Act,―
(1) without publishing a notice regarding such marriage as required by section 5, or
(2) within thirty days of the publication of the notice of such marriage, or
(3) in contravention of any other provision 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 section 48 to the Registrar-General or
other authority the Marriage Officer shall make and send in 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 1
* * * officers of the Central
Government, and the State Government, in all other cases, may, by notification in the Official Gazette,

on any ground whether in the same district court, or in a different district court, in the same State or in

a different State, the petition shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,―

(a) if the petitions are presented to the same district court, both the petitions shall be tried and

heard together by that district court;

1. Subs. by Act 68 of 1976, s. 36, for “it shall rescind the order” (w.e.f. 27-5-1976).

2. The proviso ins. by Act 49 of 2001, s. 7 (w.e.f. 24-9-2001).

3. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).

4. Subs. by Act 50 of 2003, s. 3, for “period of thirty days” (w.e.f. 23-12-2003).

5. Ins. by Act 68 of 1976, s. 38 (w.e.f. 27-5-1976).

16

(b) if the petitions are presented to different district courts, the petitions presented later shall be

transferred to the district court in which the earlier petition was presented and both the petitions shall

be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may

be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding

from the district court in which the later petition has been presented to the district court in which the

earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been

empowered so to do under the said Code.

40B. Special provisions relating to trial and disposal of petitions under the Act.―(1) The trial of

a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of

the trial, be continued from day to day, until its conclusions, unless the court finds the adjournment of the

trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be

made to conclude the trial within six months from the date of service of notice of the petition on the

respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be

made to conclude the hearing within three months from the date of service of notice of appeal on the

respondent.

40C. Documentary evidence.―Notwithstanding anything contained in any enactment to the

contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under

this Act on the ground that it is not duly stamped or registered.]

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 (5 of 1908), as it may consider expedient for the purpose of

carrying into effect the provisions of Chapters 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 execused 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 (4 of 1869).

CHAPTER VIII

MISCELLANEOUS

42. Saving.―Nothing contained in this Act shall affect the validity of any marriage not solemnized

under its provisions; nor 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 section 494 or section

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

void.

17

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 section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence

of marrying again during the lifetime of a husband or 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 section 199 of the Indian Penal Code (45 of 1860).

46. Penalty for wrongful action of Marriage Officer.―Any Marriage Officer who knowingly and

wilfully solemnizes a marriage under this Act,―

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision 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 section 48 to the Registrar-General or

other authority the Marriage Officer shall make and send in 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 1

* * * officers of the Central

Government, and the State Government, in all other cases, may, by notification in the Official Gazette,