Section 0

An Act to provide a form of Marriage in certain cases. WHEREAS it is expedient to provide a form of Preamble. marriage for persons who do not profess the Christian, Jewish, Hind6, Muhammadan, PArsi, Buddhist, Sikh or Jaina religion, and to legalize certain marriages the validity of which is doubtful; It is hereby enacted as follows :- 1. This Act extends to the whole of British India, Local extent. Commence- and shall come into force on the passing thereof. ment. Commencement. 2. Marriages may be celebrated under this Act [[Conditions ]] between persons neither of whom professes the Christian or the Jewish, or the Eindd or the Muhammadan, under A C ~ or the PdssI or the Buddhist, or the Sikh or the Jaina EL^;^^^^- religion, upon the following oonditions :- 2. Marriages may be celebrated under this Act [[Conditions ]] between persons neither of whom professes the Chris- k~g~$:~ (l).-Neither party must, at the time of the marriage, have a husband or wife living : (a).-The man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar : (3).-Each party must, `if` he or she has not completed the age of twenty-one years, have obtained the consefi of his or her father or guardian to the marriage : (4) .-The parties must not be related to each other in any degree of consanguinity or afiity which would, according to any law to which either of them is subject, render a marriage between them illegal. % I 1st Proviso.-No such law or custom, other than one- relating to consanguinity or affinity, shall prevent them from marrying. 2nd [P~~ice thee annas azd three pies.] Mu ~?*iage. [ `ACT` III 2nd Proviso.-No la.* or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common~ancestor, who stands to each of them in a nearer relationship than that of great-great-grandfather or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brBtber or sister of some lineal ancestor, of the other. 3. The Local Government may appoint one or more Registrars under this Act, either by name or as holding any oEce for the time being, for any portion of the territory subject to its administration. The officer so appointed shall be called ' Registrar of Marriages under Act I11 of 1872,' and is hereinafter referred to as ' the Registrar.' The portion of territory for which any such officer is appointed shall'be deemed his district. Appointment of Marriage Registrars. One of the 4. When a marriage is intended to be solemnized parties to in- to in- intended mar- under this Act, one of the parties must give notice ri we.to ive in writing to =the Registras, before whom it is to be n h e `to%-` solellllljeed. One of the parties to in- to in- in- n h e `to%-` gistrar, The Begistrar to whom such notice is given must be the Registrar of a district within which one at least of the parties to the marriage has resided for fourteen days before such notice.is given. Such notice may be in the form given in the first schedule to this Act. 5. The Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of every such notice in a, book to be for that purpose furnished to him by the Government, to be called the '' Marriage Notice Book under Act I11 of 1832," and such book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same. Notice to be enbred andcopy in the H-ageNotice Book. andcopy in the in the the keep them with the records of his office, and shall also 6. Fourteen days after notice of an intended marriage has been given under section four, such marriage may be solemnized, unless it has been . previously objected to in the manner hereinafter mentioned. Objection to marriage. Any person may object to any such marriage on the ground that it would contravene some one or more 2 more of the conditions prescribed in clauses (I}, `(Z),` rh (3) or (4) of section two. The nature of the objection made shall be recorded in writing by the Registrar in the register, and shall, if necessary, be read over and explained to the person making the objection, and shall be signed by him or on his' behalf, 7. On receipt af such nof5ce of oGection the Registrar shall not proceed to solemnize the marriage until the lapse of fourteen days from the receipt of such objection, `if` there be a Court of competent jurisdiction apen at the time, or, if there be no such Court open at the time, until the lapse of fourteen days from the opening of such Court. Procedure on receipt of objection. The person objecting to the intended marriage may file a suit `in` any Civil Court having .local jurisdiction (other than a Court of Small Causes) for a declaratory decree, declaring that such marriage would contl-avene some one or more of the conditions prescribed in dauses (I), (2), (3) or (4) of section two. Objector `m g` file suit. `8,`[The officer before whom such suit is filed shall ] thereupon give the persan presenting it a certificate to the effect that such suit has been filed. If such certificate be lodged with the Registrar within fourteen days from the receipt of notice of objection, if there be a Court of competent jurisdiction open at the time, or, if there be no such Court open at the time, within fourteen days-of the opening of such Court, the marriage shall not be solemnized till the decision of such Court has been given and the period allowed by law for appeals from such decikon has elapsed ; or, if there be an appeal from such decision, till the decision of the Appellate Court has been given. - - Certificate of filing of suit to be lodged with Registrar. If such certificate be not lodged in the manner and within the period prescribed in the last preceding paragraph, or if the decision of the Court be that such marriage would not contravene any one or more of the conditions prescribed in clauses (I), (2), (3) or (4) of section two, such marriage may be solemnized. - If the decision of such Court be that the marriage in question would contravene any one or more of the conditions :j Marriage. conditions prescribed in Adauses (I), (2), (3) or (4) of section two, the marriage shall not be solemnized. Collrt fine when 9. Any Court in which any such suit m is objection not referred to in section seven is filed, may, if it shall leasonable. appear to it that the objection was not reasonable and bond Jide, inflict a h e , not exceeding one thousand rupees, on the person objectipg, and award it, or any part of it, to the parties to the intended marriage. 10. Before the marriage is solemnized, the parties and three witnesses 'shall, in. the presence of the Registrar, sign a declaration in the form contained in the second schedule to this Act. If either party has not completed the age of twenty-one years, the declaration shall also be signed by his or her father ok guardian, except in the case of a widow, and, in every case, it shall be countersigned by the Registrar. Declnlation by parties and witnesses. M~LI i i ~ g c 11. The marriage shall be solemnized in the prehow to ht. solerrl~~lscd[sence of the Registrar and of the three witnesses who ] signed the declaration. It may be solemnized in any form, provided that each party says to the other, in the presence and hearing of the Registrar and witnesses, ' I, [ A , ] take thee, [B,] to be my lawful wife (or husband) .' ria( (. wllcre `12.` The marriage may be celebrated either at the m:Li I iage office of the Registrar or at such other place, within nl.ty be sLlcmllizcd.[reasonable distance of the office of the Registrar, as ] the parties desire : Provided that the Local Government may prescribe the conditions under which such marriages may be solemnized at places other than ,the Registrar's office, and the additional fees to be paid thereupon. `13.` When the marriage has been solemnized, the Registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the 'Marriage Certificate Book under Act 111 of 1872,' in the form given in the third schedule to this Act, and such certificate shall be signed by the parties to thc marriage and the three witnesses. Cc~tiiicatc o i 111m ii,tSc 14. The Local Government shall prescribe the fees to bc paid to the Registrar for the duties to be discharged hy hiin unclcr this Act. Foes. The Registrar may, if he think fit, demand payment of any such fee before solemnization of the marriage or performance of any other duty in respect of which it is payable. The said Marriage Certificate Book shall at all reasonable times be open for inspection, and shall be admissible as evidence of the truth of the statements therein contained. Certified extracts therefrom shall on application be given by the Registrar on the payment to him by the applicant of a f e to be fixed by the Local Government for each such extract.