enerscript/MARRIAGEACT · Datasets at Fast360

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(i) that such rule has been continuously and uniformly observed for a long time
among those members; (ii) that such rule is certain and not unreasonable or
opposed to public policy; and (iii) that such rule is applicable only to a family,
has not been discontinued by the family.
5. Notices of intended marriage.- When a marriage is intended to be solemnized
under this Act, the parties of the marriage shall give notice thereof in writing in
the Form specified in the Second Schedule to the Marriage Officer of the district
in which at least one of the parties to the marriage has resided for a period of not
less than thirty days immediately preceding the date on which such notice is
given.
6. Marriage Notice Book and publication.-(1) The Marriage Officer shall keep all
notices given under Sec. 5 with the records of his office and shall also forthwith
enter a true copy of every such notice in a book prescribed for that purpose, to be
called the Marriage Notice Book, and such book shall be open for inspection at
all reasonable times, without fee, by any person desirous of inspecting the same.
(2) The Marriage Officer shall cause every such notice to be published by affixing
a copy thereof to some conspicuous place in his office. (3) Where either of the
parties to an intended marriage is not permanently residing within the local limits
of the district of the Marriage Officer to whom the notice has been given under
Sec. 5, the Marriage Officer shall also cause a copy of such notice to be
transmitted to the Marriage Officer of the district within whose limits such party
is permanently residing, and that Marriage Officer shall thereupon cause a copy
thereof to be affixed to some conspicuous place in his office.
7. Objection to marriage.- (1) Any person may, before the expiration of thirty
days from the date on which any such notice has been published under sub-section
(2) of Sec. 6, object to the marriage on the ground that it would contravene one
or more of the conditions specified in Sec.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 Sec. 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.- If an objection is made under Sec. 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 withdraw 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 Sec.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
on 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 Sec.193 of the Indian Penal Code(45 of 1960).
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 of 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 Sec.7 to a Marriage Officer 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 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 payments
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 witnessess and in any language
understood by the parties,- "I (A) take thee (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 calender months from the date on which
notice thereof has been given to the Marriage Officer as required by Sec. 5 or
where an appeal has been filed under sub-section (2) of Sec.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 Sec.10,

(i) that such rule has been continuously and uniformly observed for a long time

among those members; (ii) that such rule is certain and not unreasonable or

opposed to public policy; and (iii) that such rule is applicable only to a family,

has not been discontinued by the family.

5. Notices of intended marriage.- When a marriage is intended to be solemnized

under this Act, the parties of the marriage shall give notice thereof in writing in

the Form specified in the Second Schedule to the Marriage Officer of the district

in which at least one of the parties to the marriage has resided for a period of not

less than thirty days immediately preceding the date on which such notice is

given.

6. Marriage Notice Book and publication.-(1) The Marriage Officer shall keep all

notices given under Sec. 5 with the records of his office and shall also forthwith

enter a true copy of every such notice in a book prescribed for that purpose, to be

called the Marriage Notice Book, and such book shall be open for inspection at

all reasonable times, without fee, by any person desirous of inspecting the same.

(2) The Marriage Officer shall cause every such notice to be published by affixing

a copy thereof to some conspicuous place in his office. (3) Where either of the

parties to an intended marriage is not permanently residing within the local limits

of the district of the Marriage Officer to whom the notice has been given under

Sec. 5, the Marriage Officer shall also cause a copy of such notice to be

transmitted to the Marriage Officer of the district within whose limits such party

is permanently residing, and that Marriage Officer shall thereupon cause a copy

thereof to be affixed to some conspicuous place in his office.

7. Objection to marriage.- (1) Any person may, before the expiration of thirty

days from the date on which any such notice has been published under sub-section

(2) of Sec. 6, object to the marriage on the ground that it would contravene one

or more of the conditions specified in Sec.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 Sec. 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.- If an objection is made under Sec. 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 withdraw 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 Sec.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

on 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 Sec.193 of the Indian Penal Code(45 of 1960).

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 of 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 Sec.7 to a Marriage Officer 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 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 payments

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 witnessess and in any language

understood by the parties,- "I (A) take thee (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 calender months from the date on which

notice thereof has been given to the Marriage Officer as required by Sec. 5 or

where an appeal has been filed under sub-section (2) of Sec.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 Sec.10,