CHAPTER-I

INTRODUCTION

The main reason behind passing the Special Marriage Act, 1954 was to provide a special form

of marriage for the people of India and all Indian nationals in foreign countries, irrespective of

the religion or faith followed by either party 1. The Act originated from a piece of legislation

proposed during the late 1800s.

In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms,

and Parliament enacted a new legislation. Henry Sumner Maine first introduced Act III of 1872,

which would permit any dissenters to marry whomever they chose under a new civil marriage

law. In the final wording, the law sought to legitimate marriages for those willing to renounce

their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion").

Overall, the response from local governments and administrators was that they were

unanimously opposed to Maine’s Bill and believed the legislation encouraged marriages based

on lust, which would inevitably lead to immorality 2

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major

objectives:

1. To provide a special form of marriage in certain cases,

2. To provide for registration of certain marriages and,

3. To provide for divorce.3

1.1 STATEMENT OF OBJECTS AND REASONS

This Bill revises and seeks to replace the Special Marriage Act of 1872 so as to provide a

special form of marriage which can be taken advantage of by any person in India and by all

Indian nationals in foreign countries irrespective of the faith which either party to the marriage

may profess.

1"Special Marriage Act (iloveindia.com)". Archived from the original on 2010-09-24.

http://www.webcitation.org/5symq8ed8.

2. Perveez Mody, “Love and the Law: Love-Marriage in Delhi,” Modern Asian Studies 36:1 (2002): 223-2

3. "Divorce, under the Special Marriage Act, 1954 (valkilno1.com)

1

The parties may observe any ceremonies for the solemnization of their marriage but certain

formalities are prescribed before the marriage can be registered by the Marriage Office. For the

benefit of Indian citizens abroad, the Bill provides for the appointment of Diplomatic and

Consular Officers as Marriage Officers for solemnizing and registering marriage between

citizens of India in a foreign country.

(2) Provision is also sought to be made for permitting persons who are already married under

other forms of marriage to register their marriages under this Act and thereby avail themselves of

these provisions.

(3) The Bill is drafted generally on the lines of the existing Special Marriage Act of 1872 and the

notes on clauses attached hereto explain some of the changes made in the Bill in greater detail.

1.2 ACT No. 43 OF 1954

On receipt of the assent of the President, the Bill became an Act of Parliament as the short

title and the numbers THE SPECIAL MARRIAGE ACT, 1954 (43 of 1954).Parliament left the

commencement of the Act to the discretion of the Central Government.

1.3 DATE OF ENFORCEMENT

This Act came in force on 1st January, 1955, vide Notification No. S.R.O. 3606, dated the

17th December, 1954 Gazette of India, Extraordinary, 1954 Part II, Section 3, page 2463.

1.4 LIST OF AMENDING ACTS AND ADAPTATION ORDER

1. The Adaptation of Laws (No. 3) Order, 1956.

2. The Special Marriage (Amendment) Act, 1963 (32 of 1963).

3. The Foreign Marriage Act, 1969 (33 of 1969).

4. The Special Marriage (Amendment) Act, 1970 (29 of 1970

5. The Marriage Law (Amendment) Act, 1976 (68 of 1976).

[Sections 9 to 23] [Sections 24 to 27] [Sections 27A to 34]

[Sections 35 to 41] [Schedule- I to II] [Schedule-III]

2

Under Special Marriage Act 1954 all

marriages can take place between a male and female regardless of their religion, caste or creed.

Some marriages may not be valid in Muslim marriage laws but permissible under Marriage act

1954. Understandably, this enactment is called secular marriage law.

Some people prefer to call marriages under this act as court marriages due to involvement of a

judicial officer. You have to get your marriage registered under this act. Both parties to the

marriage are required to file a joint application before the marriage officer along with affidavits

duly attested and other relevant documents.

1.1 Research Plan

In this project, the subject ` Salient Features of Special Marriage Act 1954’ has been

traced and analysed through a thorough study of the Hindu Law.

1.2 Research Scheme

In the First Chapter, the researcher attempts to provide a basic introduction to enactment

of Special Marriage Act 1984. In the Second Chapter, the researcher tries to discuss the absence

of Uniform Civil code in India. In the Third Chapter, the researcher has tried to provide a

detailed analysis. ‘Salient features of special marriage act’. In the Fourth Chapter, the researcher

has discussed Latest Trends in the liability of Medical Professionals under CPA, this is

accompanied with important cases dealing with the matter. In the Fifth Chapter, the researcher

has put forward his conclusion.

1.3 Research Methodology

The research methodology adopted is doctrinal keeping in mind the conceptual,

theoretical and evaluative aspects of the topic. The study on the topic has been extensive ranging

from researching law books in the JMI, Delhi library and the Jodhpur High Court Library.

3

CHAPTER-II

ABSENCE OF UNIFORM CIVIL CODE

In India we don’t yet have a Uniform Civil Code, but the Special Marriage Act was

enacted by the legislature in 1954 and provides a uniform law for any citizen of India and by all

nationals in foreign countries irrespective of the faith, which either party to the marriage may

profess. The parties may observe any ceremonies for the solemnization of their marriage but

certain formalities are prescribed before the marriage can be registered by the magistrate officers.

For the benefit of Indian citizens abroad, the Act provides for the solemnization and registration

of the marriage between citizens of India in a foreign country.

Uniform Civil Code is promised by the framers of the Constitutions to the Citizens of India.

The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of

India.1 Uniform Civil Code,' the authors of the Indian constitution meant a commonly

enforceable set of laws governing marriage, divorce, adoption, inheritance and other

personal and familial matters. But, even after nearly 60 years of independence, Indian

Legislature could not fulfill this promise for several political and social reasons.

India's long history of cultural and political pluralism did not allow for the immediate

imposition of such a code. No previous pan-Indian polity had imposed such a code, preferring

for the most part to let communities follow their ways, even when they were found abhorrent.

The British were more or less the first to intervene in social custom by legislating change in the

abolition of sati, child marriage etc. Even they did not interfere in other matters such as

polygamy, triple talaq, Hindu Undivided Family etc.,

1 Article 44 : Indian Constitution

4

The Uniform Civil Code controversy rises from the three-way tension between the traditional

political impulse to leave communities alone to manage their social life, the modernist political

values of 'rule of law' which requires that one law apply to everyone and that everyone should

benefit equally from the laws of the state and third, the political imperative of pleasing every

constituency possible.

The compromise solution adopted was that the Indian State codified Hindu customs, created

special legislations governing domestic and social situations that citizens could opt for but

permitted members of religious minorities to choose to follow the rules and customs of their

community as interpreted by their community leaders. Inherent in this solution is the perception

that someone else is better off than we are2.

Supreme Court of India voiced its displeasure towards the Indian Parliament on several

occasions for not passing Uniform Civil Code. Mohammad Ahmed Khan v. Shah Bano

Begum3's case in 1985 was perhaps the first case where the Supreme Court awarded

maintenance to the deserted wife under Section 125 of the Criminal Procedure Code. The Court

also held that Article 44 of the Constitution has remained a dead letter. The then Chief Justice of

India Y.V. Chandrachud observed that, "A common civil code will help the cause of national

integration by removing disparate loyalties to law which have conflicting ideologies" In Sarla

Mudgal v. Union of India4 the question was whether a Hindu husband, married under the Hindu

law, by embracing Islam, can solemnize second marriage The Court held that a Hindu marriage

solemnized under the Hindu law can only be dissolved on any of the grounds specified under the

Hindu Marriage Act, 1955. Conversion to Islam and Marrying again would not, by itself,

dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnized after

converting to Islam would amount to bigamy5.be an offence under Section 494 of the Indian

Penal Code.

22 http://www.chaitanyaconsult.in/chaitanya/guide/cg3gauntletb.htm#why3 AIR 1985 SC 9454 4 AIR 1995 SC 1535 .393 of Indian Penal Code: Bigamy: Whoever, having a husband or wife living marries in any case in which such

marriage is void by reason of its taking place during the life of such husband or wife shall be punished with

imprisonment of either description for a term which may extend to 7 years and shall also be liable to fine.

5

The UCC should carve a balance between protection of fundamental rights and religious

dogmas of individuals. It should be a code, which is just and proper according to a man of

ordinary prudence, without any bias with regards to religious or political considerations6. When

Hindu Law was codified most of the Hindu men were against the codification- as it did not allow

polygamy. For Hindus marriage is a sacrament. The male progeny has to execute certain

ceremonies. In case a wife does not bear a male child- the codified law does not allow a second

marriage to beget a male issue. Several such objections the Hindu men had. But, in spite of the

protests Hindu Law was codified. Prior to the codification, Hindus did not have the concept of

divorce, maintenance, women taking adoption, adoption out side the religion and several such

issues. The codified Hindu Law is not the law which Hindus has professed for several centuries.

In the same way, the UCC shall not be any law which is in existence. The new law will be a

blend of all the good things which a state can guarantee to its citizens.

But, now this seems to be a far away dream. Women are the worst sufferers in the present

situation. Till the UCC sees the light of the day, there should be an alternative- especially to

women who suffer husband's polygamy, whimsical divorce and to the women who needs to

prove husband's adultery other than the grounds of cruelty, unsoundness etc.,

In the view of the researcher, Special Marriage Act is a better bet for Indian women, irrespective

of the caste and religion.

6 http://www.legalserviceindia.com/articles/htm

6

CHAPTER-III

Salient Features of Special Marriage Act 1954

As the preamble of the Act makes it clear, this Act is meant to provide a special form

marriage in certain cases, for the registration of such and certain other marriages and for divorce.

We are hesitant to implement the Uniform Civil Code. India has a uniform criminal code but not

civil code. The personal laws of the country serve the individuals depending upon their religion.

In the civil matters, such as marriage, divorce, property and succession the Indian citizen are

governed by their personal laws. This Act, in the cases of marriage and related issues stands on

different footing - as it applies to certain individuals irrespective of their religion.

The noteworthy point is that Indian Parliament realized the necessity of a separate Act in

certain cases within 7 years of its independence. This Act came into existence in 1954 itself.

Section 2 of this Act deals with definitions part. Most of these definitions are similar to the

definitions prescribed in the Hindu Marriage Act. Some definitions such as Consular Officer and

diplomatic officer are added.

Under Special Marriage Act 1954 all marriages can take place between a male and female

regardless of their religion, caste or creed. Some marriages may not be valid in Muslim marriage

laws but permissible under Marriage act 1954. Understandably, this enactment is called secular

marriage law.

3.1 Conditions for Marriage

The parties are required to meet the following conditions under marriage act 19541 to conduct a valid marriage:

1- Neither party has a spouse living.

2- None of the parties is of unsound mind.

3- None of the parties is suffering from mental disorder which makes him unfit for marriage or procreation of children.

11 S.4

7

4- Neither of the party is subject to recurrent attacks of insanity or epilepsy.

5- Male must not be less than 21 years and female of 18 years of age.

6- The parties are not within the degrees of prohibited relationship. However, this restriction is not applied if such marriages are allowed by local customs in some particular areas or tribes.

3.2 Marriage Officers

According to Hindus marriage is a sacrament. One should appreciate the foresight of Prophet

in Muslims the marriage is a contract. Though Shariat does not mention, a valid Muslim

Marriage needs- the age of the parties (though it might have been different depending upon the

then social circumstances), the consent of the parties, the mehr, nikhanama, the witnesses,

agreement regarding the mehr money and a provision for khula to women etc., In Christians the

marriage is recorded in the Church. Before recording the marriage- the priest seeks for the

consent of the parties and they sign the documents in the presence of the witnesses. In 1955 the

un-codified Hindu Law is codified and the marriage form has changed from sacramental form to

an agreement which ultimately has the color of contracts.

The Special Marriage Act has a very special feature of marriage officers2 The State

Government appoints one or more Marriage Officers for the whole or any part of the State. For

the citizens of India who are domiciled in the territories to which this Act extends and who are

outside the said territories, it is the prerogative of the Central government to appoint Marriage

Officers.

22 S.3

8

3.3 Notice of Marriage

One of the very good features of this Act is that When a marriage is intended to be

solemnized both the parties to the marriage shall give notice thereof in writing in the form

specified to the Marriage Officer of the District in which at least on 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 given3. The marriage act 1954 terms this application as notice to the marriage

officer.

This provision is a safeguard in every aspect. In case either of the parties is entering into an

invalid marriage or illegal marriage - it will be known to the persons concerned. Another

important point is that no government servant would dare to enter into an illegal marriage- as this

notice may work as evidence against him/her.

Under S.6 of this Act the Marriage Officer does not only keeps a record of such notices but

also affixes the notice in a conspicuous place in his office. In case both the parties are not

residing in that area - the notice is transmitted to the Marriage Officer of the district within

whose limits such party is permanent residing. The Marriage Officer of such a District affixed

the notice in a conspicuous place in his officer. The very intention of the Act is that the marriage

regarding which a notice is given shall be lawful and legal in every aspect. Marriage which is not

legal shall not be solemnized.

In case any one has any objection to such marriage may express his objection - but within 30

days of from the date on which notice of an intended marriage has been published. The nature of

the objection is recorded by the Marriage Officer, the latter reads it out for the consumption of

the person who has raised such an objection and gets his signature4.

3.4 Procedure on receipt of objection and Powers of Marriage officers in respect of inquries

Under S.8 of the Act, if an objection is made, it is an obligation on the part of the Marriage

Officer not to solemnize the marriage until and unless he inquires into the objection. When he

finds out no such objection exists then he ought not to stop the Marriage and shall proceed. For

33 S.544 S.7

9

the inquiry he shall not take more than 30 days from the date of the objection.

In case he finds out any such objection, then he shall not perform the marriage. If either of the

parties or both the parties are not happy with his decision- they can opt out for an appeal. But the

appeal shall lie only to the District Court and the decision of the District is final and the Marriage

Officers shall act in conformity with the decision of the Court.

For the purpose of the inquiring into the objection, the Marriage Officer shall have all the

powers of a Civil Court such as summoning, enforcing the witnesses, examining them on oath,

inspection of the documents, compelling the production of the documents, issuing commissions

for the examination of witnesses etc., He can even impose fine up to Rs.1,000/- on the person

who has given the false complaint by way costs. If it appears to the Marriage Officer that the

objection made to an intended marriage is not reasonable and has not been made in good faith he

may impose on the person objecting costs by way of compensation not exceeding one thousand

rupees and award the whole or any part thereof to the parties to the intended marriage, and any

order for costs so made may be executed in the same manner as a decree passed by the district

court within the local limits of whose jurisdiction the Marriage Officer has his office5.

3.5 Declaration of Marriage, Place and form of solemnization of Marriage, Certificate of

Marriage and notice when Marriage is not solemnized within three months

Under S.11 of the Act, before the marriage the parties to the marriage and three witnesses

shall sign a declaration form which in turn will be countersigned by the Marriage Officer.

Somehow, in India most of us attach sanctity to the traditional marriages. But, parties often fail

to prove such marriages as- the proof of them is very difficult. In marriages under Special

Marriages Act, proof is readily available and the Marriage Officer takes all the necessary steps

for any fraud or misrepresentation. Another misconception is that these marriages are to be

performed only in the Registrar's Office. In case, the parties are interested in getting married in a

particular place, the Marriage officer comes to that particular place and registers the marriage.

He will charge a statutory fee for the marriage. Another misconception is that he will ask the

parties to declare themselves as man and wife and without any formalities the marriage comes to

an end.

55 S.9

10

. The Act not only allows the marriage according to the interests of the parties but also

provides security to both the parties by asking them to declare as man and wife and the witnesses

also declare the marriage as valid in the language understood by everybody.

Under S.13 of the Act, after such declarations are over the Marriage Officer enters a

certificated in a book called the Marriage Certificate book and the parties to the marriage and the

witnesses sign the certificate. Under law such a certificate is deemed to be the conclusive proof

of the marriage. It can neither be questioned by the parties nor by the Court.

When the procedure is civil, naturally the doubt is that long the whole process will take. But,

unlike any civil matter- the marriage is performed within one month after the notice is given to

the Marriage Officer. Whenever a 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 filed under sub-section (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 proceedings arising there

from 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 Act6.

3.6 Registration of marriage celebrated in other forms

The salient feature of this Act is that this Act encourages for the registration of marriages. In

spite of being in force- this form of marriage does not enjoy the reputation of valid marriage in

the minds of the people. This is useful only to those couples- who marry against the will of the

parents. Many times even such couple goes to the temples and in recent times goes to the police

station but not to the Marriage Officers. However, the intention of the Legislature is to safeguard

the sanctity of marriage and protect the institution of marriage.

66 S.14

11

Hence, the Act encourages getting the marriage registered in case it has been performed under

the customs of the parties. But, the conditions such as neither of the party shall have living

spouse etc., apply7.

When a Marriage Officer is required to enter a certificate of marriage, he will not enter a

certificate of marriage blindly. After receiving the required notice, he gives a public notice and

waits for 30 days for the objections to be raised- then only he enters the marriage in the marriage

certificate book8.

The effect of registration is that the children born after this procedure are legitimate children

of the parents. They have the rights over the party of their parents9.

3.7 Consequence of marriage under this Act

The effect of marriage on members of undivided family is that it shall be deemed to effect

his severance from such family1010.

Subject to the provisions of Section 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

(XXI of 1850) applies1111.

3.8 Restitution of Conjugal Rights and judicial separation

Though the provision of restitution of conjugal rights is available1212 under this Act, however

it is available under the Hindu Marriage Act, 1955 also. But, this provision is useful for the

parties who are not Hindus and where such provision is not available.

77 S.1588 S.16 99 S.181010 S.191111 S.201212 S.22

12

When either of the parties withdraws from the party of the other spouse without reasonable

excuse, the aggrieved party may apply to the District Court for restitution of conjugal rights.

In the same manner the benefit of judicial separation1313is also available to the parties.

3.9 Void and Voidable Marriages and Legitimacy of children of Void and Voidable marriages

In case the marriage is solemnized contrary to the conditions specified clause (a), (b), (c), and

(d) of section 4 or if the ) or the respondent was impotent at the time of the marriage and at the

time of the institution of the institution of the suit the marriage will be declared as void1414.

It is a voidable marriage when (ii) the respondent was at the time of the marriage pregnant by

some person other than the petitioner; or (iii) the consent of either party to the marriage was

obtained by coercion or fraud, as defined in the India Contract Act, 1872 (IX of 1872): Provided

that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-(a)

that the petitioner was at the time of the marriage ignorant of the facts alleged;(b) that

proceedings were instituted within a year from the date of the marriage; and (c) that marital

intercourse with the consent of the petitioner has not taken place since the discovery by the

petitioner of the existence of the grounds for a decree:

Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-

(a) proceedings have not been instituted within one year after the coercion have ceased or, as the

case may be fraud had been discovered; or the petitioner has with his or her free consent lived

with the other party to the marriage as husband and wife after the coercion had ceased or, as the

case may be, the fraud had been discovered1515.

1313 S.231414 S.241515 S.25

13

In void and voidable marriages also, if the children are born before the declaration of the

marriage as null and void- they would be treated as legitimate children. But, the children can

claim the property form the parents but cannot claim from others1616

3.10 Divorce under Marriage Act 1954

Either of the party to marriage may file a petition for divorce when the respondent1717:

1. Makes a voluntary sexual intercourse with any person other than the spouse.

2. Deserts the petitioner for a period not less than two years.

3. Undergoes an imprisonment of seven years or more.

4. Been treating the petitioner with cruelty.

5. Is of unsound mind or suffering from continuous mental disorder.

6. Suffering from venereal disease, leprosy etc

7. Is not heard of being alive for seven years or more.

A wife may also present a petition when her husband is guilty of rape, sodomy or bestiality.

Either of the party may go to court when no cohabitation is made for one year or more.

Under section 28 of Marriage Act 1954, the parties to marriage may file a joint application

for mutual consent when they have been living separately for a period of one year or more

and they agree mutually that the marriage should not be continued.

The best part of this Act is divorce by mutual consent1818. Subject to the provisions of this Act

and to the rules made there under, a petition for divorce may be presented to the District Court

by both the parties together on the ground that they have been living separately for a period of

one year or more, that they have not been able to live together and that they have mutually

agreed that the marriage should be dissolved.

1616 S.261717 S.271818 S.28

14

(2) On the motion of both the parties made not earlier than one year after the date of the

presentation of the petition referred to in sub-section (1) and not later than two years after the

said date, if the petition is not withdrawn in the meantime, the district court shall, on being

satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a

marriage has been solemnized under this Act and that the averments in the petition are true,

pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

However, the Act is cautious for not allowing the divorce petitions for a period of three

years. But, the District Court has been given the discretion of allowing a petition before the

said three years provided the case the case is one of exceptional hardship suffered by

the petitioner or of exceptional depravity on the part of the respondent, but if it appears to

the District Court at the hearing of the petition that the petitioner obtained leave to

present the petition by any misrepresentation or concealment of the nature of the case the

district court may, if it pronounces a decree, do so subject to the condition that the decree

shall not have effect until after the expiry of three years from the date of the marriage or

may dismiss the petition, without prejudice to any petition, which may be brought after the

expiration of the said three years upon the same, or substantially the same, facts as

those proved in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for

divorce before the expiration of three years from the date of the marriage, the district court

shall have regard to the interests of any children of the marriage, and to the question

whether there is a reasonable probability of a reconciliation between the parties before the

expiration of the said three years1919

When the marriage has been dissolved by such a decree and the parties do not have

right of appeal or the appeal has expired without appeal having presented, or an appeal

has been presented but has been dismissed, and one year has elapsed thereafter but not

sooner, party to the marriage may marry again2020

3.11 Jurisdiction and Procedure1919 S.292020 S.30

15

As far as jurisdiction is concerned the Act is very particular to vest the powers only in

the District Courts2121. The Act allows in camera proceedings provided either of the parties

desires it2222. The duties of the District Court are onerous and very responsible in nature such

as where the ground of the petition is adultery, the petitioner has not in any manner been

accessory to or connived at or condoned the adultery, or, where the ground of the petition

is cruelty, the petitioner has not in any manner condoned the cruelty; and when divorce is

sought on the ground of mutual consent, such consent has not been obtained by force, fraud,

or undue influence and the petition is not present or prosecuted in collusion with the

respondent; and there has not been any unnecessary or improper delay in instituting

the proceeding; and there is no other legal ground why the relief should not be

granted; then, and in such a case, but not otherwise, the court shall decree such relief

accordingly. Along with these duties, the Act places an onerous duty of bringing about

reconciliation between the parties2323.

As in the case of the other personal laws, under this Act also the wife is entitled for

alimony. The Court not only allows the wife to get maintenance it may also allow to file for

alimony, the costs incurred by the wife, expenses of the proceedings, weekly, monthly etc., in

whatever way the Court opines2424

The wife can charge on the husband’s property, such gross sum or periodical payment of

money for life. The Court has the discretion of modifying or rescinding the amount. In case

the wife gets remarried or she is not chaste, the Court has the discretion of rescinding the

order2525.

Regarding the custody of the children also the Court has discretion –depending upon

the maintenance and education of minor children. From time to time this order may vary, 2121 S.312222 S.332323 S.342424 S.362525 S.37

16

revoked or suspended depending on the circumstances of each case and the desires of either of

the parties2626. Code of Civil Procedure regulates the proceedings under this Act2727. The

married persons, if they are again married under this Act shall be punished u/ss.494 and

495. Those persons married under this Section shall not be married once again as long as the

other spouse is living or unless the marriage is declared void. Every person making, signing

or attesting any declaration or certificate required by this act containing a statement

which is false shall be guilty under S. 199 of IPC.

A Marriage Officer under this Act cannot escape punishment provided he knowingly and

wilfully solemnizes a marriage under this Act - or without publishing a notice regarding such

marriage as required by section 5, or within thirty days of the publication of the notice of

such marriage, or in contravention of any other provision contained in this Act, shall be

punishable with simple imprisonment for a term which may extend to one year, or with fine

which may extend to five hundred rupees, or with both2828. The Marriage Certificate Books

are open for inspection and the certificate copies are given after application and payment of

a statutory fee29.29.. In every aspect the Act is unique- as it allows the marriage is to be

registered in case the marriage has been performed otherwise than under this Act. It has

several safeguards for the parties.

This Act makes the marriage a perfect contract as in the case of a Muslim Marriage. As it

inflicts punishment nobody would dare to play fraud in the matters of marriage. As everything

is recorded, proof of the marriage is easy and the production of evidence is much easier.

The question of legitimacy need not be discussed in the Court. The children born in this

marriage are legitimate. No separate proof is needed.

Especially, this Act is a boon to those women who are left without maintenance – after

the whimsical divorce.

2626 S.382727 S.402828 S.4629.29 S.47

17

This does not mean to say that there need not be any UCC. There is a need for Common

Civil Code. But, before such code is enacted one should frame a draft Code and publicize

it for discussion by all concerned rather than simply talking of enforcing one. A social

consensus will be highly necessary3030.

3030 http://ecumene.org/IIS/csss114.htm

18