Prakash Yedhula
(Lawyer)
11 March 2008
The point is well taken. We need to find out the objects for such reasoning.
I have extracted the provisions relating to the topic as under.
Special Marriage Act
Section - 4
Conditions relating to solemnization of special marriages :-
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely,
1. neither party has spouse living;
2. neither party
1. is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
2. though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriages and the procreation of children; or as to be unfit for marriage and the procreation of children; or
3. has been subject to recurrent attacks of insanity or epilepsy;
3. the male has completed the age of twenty-one years and the female the age of eighteen years;
4. the parties are not within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship, and
5. where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends
Section - 5
Notice of intended marriage :-
When a marriage is intended to be solemnized under this Act, the parties to 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.
Section - 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 Section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 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 section 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.
Section - 8
Procedure on receipt of objection :-
1. If an objection is made under Section 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 withdrawn 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
Section - 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.
Section - 12
Place and form of solemnisation :-
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 payment 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 witnesses and in any language understood by the parties, “I,(A) take the (B), to be my lawful wife (or husband)”.
Section - 13
10. Ceriticate of Marriage :-
1. When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereon 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.
Section - 14
New notice when marriage not solemnized within three months:-
Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by Section 5, or where an appeal has been field under subsection(2) of Section 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 section 10, within three months from the date of decision of the Central Government, the notice and all other proceeding 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.
Section - 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 (3 of 1872) or under this Act, may be registered unde this Chapter by a Marriage Officer in the territories to which Act extends if the following conditions are fulfilled, namely-
1. a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;
2. neither party has at the time of registration more than one spouse living;
3. neither party is an idiot or a lunatic at the time of registration;
4. the parties have completed the age of twenty-one years at the time of registration;
5. the parties are not within the degrees of prohibited relationship; provided that in the 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
6. the parties have been residing with in 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.
Section - 16
Procedure for registration :-
Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage 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 objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 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.
