enerscript/MARRIAGEACT · Datasets at Fast360

text stringlengths 0 206
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 Marriage 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 Marriage Act, 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 year at the time of registration; (e) the parties are not within the
degrees of prohibited relationship: Provided that in 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 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 objection and after hearing any objection
received within that period, shall, if satisfied that all the conditions mentioned in
Sec. 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.
17. Appeals from orders under Sec. 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 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 Sec.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 religion shall be deemed to effect his severance from such
family.
20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec.
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 certain communities, succession to the
property of 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 section that Act shall have effect as if Chapter
III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom. 21-
A. Special provision in certain cases .- Where the marriage is solemnized under
this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion
with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19
and 21 shall not apply and so much of Sec. 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. ExplanationWhere a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving 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 in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition
for divorce might have been presented;or (b) on the grounds 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 (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

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 Marriage 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 Marriage Act, 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 year at the time of registration; (e) the parties are not within the

degrees of prohibited relationship: Provided that in 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 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 objection and after hearing any objection

received within that period, shall, if satisfied that all the conditions mentioned in

Sec. 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.

17. Appeals from orders under Sec. 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 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 Sec.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 religion shall be deemed to effect his severance from such

family.

20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec.

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 certain communities, succession to the

property of 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 section that Act shall have effect as if Chapter

III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom. 21-

A. Special provision in certain cases .- Where the marriage is solemnized under

this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion

with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19

and 21 shall not apply and so much of Sec. 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. ExplanationWhere a question arises whether there has been reasonable excuse for withdrawal

from the society, the burden of proving 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 in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition

for divorce might have been presented;or (b) on the grounds 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 (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