send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.
50. Power to make rules.—(l)The Central Government, in the case of 55[* * *] officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
1 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction;
(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure thereof;
(c) the form and manner in which any books required by or under this Act shall be maintained;
(d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;
(e) the manner in which public notice shall be given under section 16;
(f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of section 48;
(g) any other matter which may be or requires to be prescribed.
56[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(4) Every rule made by the State Government under this Act shall be laid, a£ soon as it is made, before the State Legislature.]
51. Repeals and savings.—(1) The Special Marriage Act, 1872, and any law corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before the commencement of this Act are hereby repealed.
(2) Notwithstanding such repeal,—
(«) all marriages duly solemnized under the Special Marriage Act, 1872, or any such corresponding law shall be deemed to have been solemnized under this Act;
(V) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.
55. The words “diplomatic and consular officers and other” omitted by Act 33 of 1969, S. 29 (w.e.f. 31-8-1969).
56. Inserted by Act 20 of 1983, S. 2and Sch. (w.e.f. 15-3-1984).
(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897, which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.
THE FIRST SCHEDULE
[Seesection2(b)]
“DEGREES OF PROHIBITED RELATIONSHIP”
PARTI
1.Mother.
2. Father’s widow (step-mother).
3. Mother’s mother.
4. Mother’s father’s widow (step-grandmother).
5. Mother’s mother’s mother.
6. Mother’s mother’s father’s widow (step-great grandmother).
7. Mother’s father’s mother.
8. Mother’s father’s father’s widow (step-great grandmother).
9. Father’s mother.
10. Father’s father’s widow (step-grandmother).
11. Father’s mother’s mother.
12. Father’s mother’s father’s widow (step-great grandmother)
13. Father’s father’s mother.
14. Father’s father’s father’s widow (step-great grandmother).
15. Daughter.
16. Son’s widow.
17. Daughter’s daughter.
18. Daughter’s son’s widow.
19. Son’s daughter.
20. Son’s son’s widow.
21. Daughter’s daughter’s daughter.
22. Daughter’s daughter’s son’s widow.
23. Daughter’s son’s daughter.
24. Daughter’s son’s son’s widow.
25. Son’s daughter’son’s daughter.
26. Son’s daughter’son’s widow.
27. Son’s son’s daughter.
28. Son’s son’s son’s widow.
29. Sister.
30. Sister’s daughter.
31. Brother’s daughter.
32. Mother’s sister.
33. Father’s sister.
34. Father’s brother’s daughter.
35. Father’s sister’s daughter.
36. Mother’s sister’s daughter.
37. Mother’s brother’s daughter.
Explanation.—For the purpose of this Pat, the expression “widow” includes divorced wife.
PART II
1. Father.
2. Mother’s husband (step-father).
3. Father’s father.
4. Father’s mother’s husband (step-grandfather).
5. Father father’s father.
6. Father’s father’s mother’s husband (step-great grandfather).
7. Farher’s mother’s father.
8. Father’s mother’s mother’s husband (step-greatgrandfather).
9. Mother’s father.
10. Mother’s mother’s husband (step-grandfather).
11. Mother’s father’s father.
12. Mother’s father’s mother’s husband (step-great grandfather).
13Mother’s mother’s father.
14. Mother’s mother’s mother’s husband (step-greatgrandfather).
15. Son.
16. Daughter’s husband.
17. Son’s son.
18. Son’s daughter’s husband.
19. Daughter’s son.
20. Daughter’s daughter’s husband.
21. Son’s son’s son.
22. Son’s son’s daughter’s husband.
23. Son’s daughter’s son.
24. Son’s daughter’s daughter’s husband.
25. Daughter’s son’s son.
26. Daughter’s son’s daughter’s husband.
27. Daughter’s daughter’s son.
28. Daughter’s daughter’s daughter’s husband.
29. Brother.
30. Brother’s son.
31. Sister’s son.
32. Mother’s brother.
33. Father’s brother.
34. Father’s brother’s son.
35. Father’s sister’s son.
36. Mother’s sister’s son.
37. Mother’s brother’s son.
Explanation.—For the purposes of this Part, the expression “husband” includes divorrced husband.
THE SECOND SCHEDULE
(See section 5)
NOTICE OF INTENDED MARRIAGE
To
Marriage Officer for the…………………..District
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.
Name Condition Occupation Age Dwelling Permanent dwelling Length of
place place if present residence dwelling place not permanent
Unmarried
Widower
Divorcee
CD. Unmarried
Widower
Divorcee
Witness our hands this………………dayof………,…..20……………..
(Sd.) A.B.
(Sd.)C.D.
THE THIRD SCHEDULE
(See section 11)
DECLARATION TO BE MADE BY THE BRIDEGROOM l,A.B., hereby declare as follows:—
1.1 am at the present time unmarried (or a widower or a divorcee, as the case may be).
2. I have completed…….years of age.
3.1 am not related to CD. (the bride) within the degrees of prohibited relationship. 4.1 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 true, I am liable to imprisonment and also to fine.
(Sd.)AB. (theBridegroom). DECLARATION TO BE MADE BY THE BRIDE I, C.D., hereby declare as follows:—
1.1 am at the present time unmarried (or a widow or a divorcee, as the case may be). 2.1 have completed……. .years of age.
3.1 am not related to A.E. (the bridegroom) within the degrees of prohibited relationship.
4.1 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.) CD. (the Bride)
Signed in our presence by the above-named A.E. and CD. So far as we are aware there is no lawful impediment to the marriage.
(Sd.) G.H.
| (Sd.)/./. |
Three witnesses.
(Sd.)KL
CountersignedE.F.
; Marriage Officer.
‘Dated the………………..dayof…………………20……………..
THE FOURTH SCHEDULE
(See section 13)
CERTIFICATE OF MARRIAGE I, E.F., hereby certify that on the…………..day of………………..20……………….AS. and CD.*
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
(Sd.)AB.,
Bridegroom.
(Sd.)C.D.,
Bride. .
(Sd.)G.H.
(Sd.)/./.
(Sd.)K.L
Dated the………………..day of………………..20……………..
Three witnesses.
*Herein give particulars of the parties.
SPECIAL MARRIAGE ACT, 1954
THE FIFTH SCHEDULE
(See section 16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS I, E.F., hereby certify that A.B, and CD.* appeared before me this……….day of……!..
20………… 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 marriage, and that in accordance with their desire to have their marriage registered under this Act the said marriage has, this……….day of………20…………been registered under this Act,
having effect as from………….
(Sd.)E.F.,
Marriage Officer for
(Sd.)AB.,
Husband.
(Sd.)C.D.,
Wife. (Sd.)G.H.I
Three witnesses. (Sd.) K.L. I
Dated the………………………………dayof…………..20..
*Here give particulars of the parties.
THE MARRIAGE LAWS (AMENDMENT) ACT, 2003*
(50 OF 2003)
[23rd December, 2003]
An Act further to amend the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955.
be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:—
CHAPTERI
PRELIMINARY
1. Short title.—This Act maybe called the marriage laws (amendment) act, 2003.
CHAPTER II AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954
2. Amendment of section 31.—In the Special Marriage Act, 1954 (43 of 1954) (hereinafter referred to as the Special Marriage Act), in section 31, in sub-section (1), after clause (in), the following clause shall be inserted, namely:—
“(ilia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or”.
3. Amendment of section 39.—In section 39 of the Special Marriage Act, in sub-section (4), for the words “period ol thirty days”, the words “period of ninety days” shall be substituted.
CHAPTER III
AMENDMENTS TO THE HINDU MARRIAGE ACT, 1955
4. Amendment of section 19.—In the Hindu Marriage Act, 1955 (25 of 1955) (hereinafter referred to as the Hindu Marriage Act), in section 19, in sub-section (1), after clause (in), the following clause shall be inserted, namely:—
“(iii-a) in case die wife is .the petitioner, where she is residing on the date of presentation of the petition, or”.
5. Amendment of section 28.—In section 28 of the Hindu Marriage Act, in sub-section (4), fqr the words “period of thirty days”, the words “period of ninety days” shall be substituted.
CHAPTER IV MISCELLANEOUS
6. Transitory provisions.—All decrees and orders made by the Court in any proceedings under the Special Marriage Act or the Hindu Marriage Act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this Act came into operation at the time of the institution of the suit:
Provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired imder the Special Marriage Act or the Hindu Marriage Act at the commencement of this Act.
Can I get a copy a certificate of special marriage act.
Case: fourth schedule.