Marriage & Immigration Laws: Marriage Laws

THE SPECIAL MARRIAGE ACT, 1954...Continued

THE THIRD SCHEDULE

(See Section 11)

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows :-

1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).

2. I have completed……….years of age.

3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) A.B. (the Bridegroom)

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows:-

1. I am at the present time unmarried (or a widow or a divorcee, as the case may be)

2. I have completed ……… years of age.

3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship.

4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) C.D. (the Bride).

Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage.

(Sd.) G.H.

Three witnesses (Sd.) I.J.

(Sd.) K.L.

E.F., Countersigned

Marriage Officer.

Dated the ………………………………………………….day of……………………….. 19…….

THE FOURTH SCHEDULE

(See section 13)

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the ………………………day of………………19……., A.B.and C.D.* appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Sd.) E.F.,

Marriage Officer for

(S.d.) A.B.,

Bridegroom

(S.d.) C.D.,

Bride

(Sd.) G.H

  Three witnesses. (Sd.) I.J.

(Sd. K.L.

Dated the …………………………………………….day of…………..19………..

* - Herein give particulars of the parties.

THE FIFTH SCHEDULE

(See Section 16)

CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I, E.F., hereby certify that A.B. and C.D.* appeared before me this…………………..day of………………19…….. and that each of them, in my presence and in the presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this………………………day of………………

………………………19…….. been registered under this Act, having effect as from.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B.,

Husband

(Sd.) C.D.,

Wife.

(Sd.) G.H.

Three witnesses (Sd.) I.J.

( Sd.) K.L.

Dated the……………………………………….day of………………19…………..

FOOTNOTES

  1. The Act has been extended to Dadra and Nagar Haveli by Reg.6 of 1963, s. 2 and Sch. I and to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I.
  2. Subs. By Act 33 of 1969, s. 29, for “outside the said territories”.
  3. 1st January, 1955, vide Notification No. S.R.O. 3606, dated 17th December, 1954, Gazette of India, Extraordinary, 1954 Part II, s.3, page 2463.
  4. Cl. (a) omitted by Act 33 of 1969, s.29.
  5. Cl. (c) omitted by Act 33 of 1969, s.29.
  6. Subs. by Act 68 of 1976, s 20, for cl. (e)
  7. Subs. by the Adaptation of Laws (No.3) Order, 1956, for the original cl. (g).
  8. Subs. by Act 33 of 1969, s 29, for sub-section (2).
  9. Subs. by Act 68 of 1976, s.21, for cl.(b).
  10. Subs. by Act 32 of 1963, s. 2, for cl. (d).
  11. Subs. by Act 33 of 1969, s, 29, for cl.(c)
  12. Ins. by Act 32 of 1963, s. 2.
  13. Subs. by Act 33 of 1969, s. 29, for certain words.
  14. Rep. By this Act, s. 51.
  15. Ins. by Act 68 of 1976, s. 22.
  16. Ins. by s. 23, ibid.
  17. Subs. by Act 29 of 1970, s.2, for certain words.
  18. Ins. by Act 68 of 1976, s. 24
  19. Subs. by Act 68 of 1976, s. 25, for “and may be so declared”.
  20. Subs. by Act 68 of 1976, s. 26 for s. 26.
  21. S. 27 was renumbered as sub-section (1) of that section by Act 29 of 1970, s. 3.
  22. Subs. By Act 68 of 1976, s. 27, for clauses (a) and (b).
  23. Proviso omitted by s. 27, Act 68 of 1976.
  24. Subs by s. 27 ibid., for clauses (e) and (f).
  25. Certain words omitted by Act 68 of 1976, s. 27.
  26. Ins. by s. 27, ibid.
  27. The word “or” at the end of cl. (h) and clauses (i) and (j) omitted by Act 29 of 1970, s.3
  28. Ins. by Act 29 of 1970, s. 3.
  29. Ins. by Act 68 of 1976, s.28
  30. Subs. by Act 68 of 1976, s. 29 for certain words.
  31. Subs. by s. 30, ibid., for certain words.
  32. Subs. s. 30, ibid., for “said three years”
  33. Certain words omitted by s. 31, ibid.
  34. Subs. by Act 68 of 1976, s. 32, for sub-section (1).
  35. Subs. by s. 33, ibid., for s. 33.
  36. Subs. by Act 68 of 1976, s. 34 for certain words.
  37. Ins. by s. 34, ibid.
  38. Subs. by s. 35, ibid., for s. 35.
  39. Subs. by Act 68 of 1976, s.36 for certain words.
  40. Subs. by s.37, ibid., for s. 39.
  41. Ins. by Act 68 of 1976, s.38.
  42. The words “diplomatic and consular officers and other” omitted by Act 31 of 1969, sec.29.
  43. Ins. by Act 20 of 1983.

[Introduction] [Sections 1 to 8] [Sections 9 to 23] [Sections 24 to 27] [Sections 27A to 34] [Sections 35 to 41] [Sections 42 to 51] [First & Second Schedules]

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