enerscript/MARRIAGEACT · Datasets at Fast360

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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;

1. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969).
18
(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure
therefor;
(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 section 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 section 48;
(g) any other matter which may be or requires to be prescribed.
1
[(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 (3 of 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before the commencement of this Act are hereby repealed.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 the 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 proceedings 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 section
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.

1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15.3.1984).
19
THE FIRST SCHEDULE
[See section 2(b) “Degrees of prohibited relationship”]
PART I
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 grand-mother).
7. Mother’s father’s mother.
8. Mother’s father’s father’s widow (step great grand-mother).
9. Father’s mother.
10. Father’s father’s widow (step-grand mother).
11. Father’s mother’s mother.
12. Father’s mother’s father’s widow (step great grand-mother).
13. Father’s father’s mother.
14. Father’s father’s father’s widow (step great grand-mother).
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 sister.
33. Father’s sister.
34. Father’s brother’s daughter.
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35. Father’s sister’s daughter.
36. Mother’s sister’s daughter.
37. Mother’s brother’s daughter.
Explanation.―For the purposes of this Part, the expression “widow” includes a divorced wife.
PART II
1. Father.
2. Mother’s husband (step-father).
3. Father’s father.
4. Father’s mother’s husband (step grand-father).
5. Father’s father’s father.
6. Father’s father’s mother’s husband (step great grand-father).
7. Father’s mother’s father.
8. Father’s mother’s mother’s husband (step great grand-father).
9. Mother’s father.
10. Mother’s mother’s husband (step grand-father).
11. Mother’s father’s father.
12. Mother’s father’s mother’s husband (step great grand-father).
13. Mother’s mother’s father.
14. Mother’s mother’s mother’s husband (step great grand-father).

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;

1. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, s. 29 (w.e.f. 31-8-1969).

18

(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure

therefor;

(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 section 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 section 48;

(g) any other matter which may be or requires to be prescribed.

1

[(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 (3 of 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 the 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 proceedings 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 section

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.

1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15.3.1984).

19

THE FIRST SCHEDULE

[See section 2(b) “Degrees of prohibited relationship”]

PART I

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 grand-mother).

7. Mother’s father’s mother.

8. Mother’s father’s father’s widow (step great grand-mother).

9. Father’s mother.

10. Father’s father’s widow (step-grand mother).

11. Father’s mother’s mother.

12. Father’s mother’s father’s widow (step great grand-mother).

13. Father’s father’s mother.

14. Father’s father’s father’s widow (step great grand-mother).

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 sister.

33. Father’s sister.

34. Father’s brother’s daughter.

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35. Father’s sister’s daughter.

36. Mother’s sister’s daughter.

37. Mother’s brother’s daughter.

Explanation.―For the purposes of this Part, the expression “widow” includes a divorced wife.

PART II

1. Father.

2. Mother’s husband (step-father).

3. Father’s father.

4. Father’s mother’s husband (step grand-father).

5. Father’s father’s father.

6. Father’s father’s mother’s husband (step great grand-father).

7. Father’s mother’s father.

8. Father’s mother’s mother’s husband (step great grand-father).

9. Mother’s father.

10. Mother’s mother’s husband (step grand-father).

11. Mother’s father’s father.

12. Mother’s father’s mother’s husband (step great grand-father).

13. Mother’s mother’s father.

14. Mother’s mother’s mother’s husband (step great grand-father).