 The women of Kerala have access to independent sources of income, due to the high literacy levels of the state. These women have been regarded as important indicators of women's `status' in contemporary society and are also regarded as the most literate, compared with women in other states of India. There are various issues regarding the literacy rate of women in the state and their impact on marriage. There has also been a lot written about their `high status' and their central role in the social development of the state. But it has been seen that there is a growing uneasiness with the social development outcomes that are associated with the non conventional indicators of the rising gender based violence and mental ill-being of women. The institution of marriage has been surrounded by rapid growth and spread of dowry and related crimes.
There is various related issue about socio-cultural institutions such as families that mediate micro level decisions and the conventional social development outcomes also. The women in Kerala have witnessed many a changes in the structure and practices of families along with the wide-ranging implications for gender relations. There have been various alterations in marriage, inheritance and succession practices that have also dramatically influenced the practices of previous matrilineal groups and they have also weakened women's access to and control over inherited resources. But the education and employment have played a transformative role in the institution of marriage as these women emerge as some of the most educated women in the country. For them the institution of marriage is no longer governed by mediators and family members but are decisions taken independently.
Amongst the various reasons for unprecedented high status of women in Kerala are their high educational status and older age at marriage along with the high rate of family planning. These women don't only govern the institution of marriage by choice but also have an active role in women's civic organizations. The state has long cultivated individual households and thus never lost its matrilineal inheritance system. Due to the multi lingual and multi religious cultures in this region, women here have enjoyed the spirit of independence long before other women in the country could gain access to the same. Women in Kerala have been noted as one of the most sensible decision makers for marriage due to their educational backgrounds and literacy rates also.
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THE HINDU MARRIAGE ACT, 1955
(Act 25 of 1955)[18th May, 1955
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An Act to amend and codify the law relating to marriage among Hindus
Preliminary
1. Short title and extent
(1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
2. Application of Act
(1) This Act applies,-
(a) to any person who is a Hindu by religion in any of of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be,-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section.
3. Definitions
In this Act, unless the context otherwise requires,-
(a) the expression "custom" and "usage" signify any rule which, having been continuously and uniformally observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy; and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
(b)"District Court" means, in any area for which there is a City Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of matters dealt with in this Act;
(c)"full blood"and "half blood"- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;
(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestor but by different husbands.
Explanation.- In Clauses (c) and (d) "ancestor" includes the father and "ancestress" the mother;
(e)"prescribed" means prescribed by rules made under this Act;
(f)(i)"Sapinda relationship" with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
(g)"degrees of prohibited relationship " - two persons are said to be within the "degrees of prohibited relationship"-
(I) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother or the other; or
(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.
Explanation.- for the purposes of clauses (f) and (g) relationship includes-
(I) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.
4. Overriding effect of Act
Save as otherwise expressly provided in this Act.-
(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
Hindu Marriages
5. Condition for a Hindu Marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind;
or
(b) 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 marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
(vi) (Omitted)
6. Guardianship in Marriage
(Omitted by Marriage Laws (Amendment) Act, 1976.
7. Ceremonies for a Hindu marriage
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
8. Registration of Hindu Marriages
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified and where any such direction has been issued, and person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.
Restitution of Conjugal rights and judicial separation
9. Restitution of conjugal rights
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
10. Judicial Separation
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statement made in such petition, rescind the decree if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.
12. Voidable Marriages
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
13. Divorce
(1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive
Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings
If any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.
13-B. Divorce by mutual consent
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, 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.
(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
14. No petition for divorce to be presented within one year of marriage
(1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the 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 one year 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 one year upon the same or substantially the same facts as those alleged 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 one year from the date of the marriage, the 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 one year.
15. Divorced persons. When may marry again
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
16. Legitimacy of children of void and voidable marriages
(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
17. Punishment of Bigamy
Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu marriage
Every person who procures a marriage of himself or herself or to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v) of Section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii) of Section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;
(c) Clause (c) omitted by Act 2 of 1978.
Jurisdiction and Procedure
19. Court to which petition shall be presented
Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
20. Contents and verification of Petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claims to relief is founded and, except in a petition under Section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.
(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.
21. Application of Act 5 of 1908
Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.
21-A. Power to transfer petitions in certain cases
(1)Where-
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State,
the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 5 of 1908 to transfer any suit or proceeding from this District Court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.
21-B. Special provision relating to trial and disposal of petitions under the Act
(1) The trial of a petition under this Act, shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible, and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
21.-C. Documentary evidence
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.
22. Proceedings to be in camera and may not be printed or published
(1) Every proceedings under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.
23. Decree in proceedings
(1) In any proceeding under this Act, whether defended or not, if the Court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases where the relief is sought by him on the grounds specified in sub-clause (a), sub-clause (b) and sub-clause (c) of clause (ii) of Section 5 is not any way taking advantage of his or her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified in clause (i) of sub-section
(1) of Section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground or the petition is cruelty the petitioner has not in any manner condoned the cruelty, and
(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and
(c) the petition not being a petition presented under section 11 is not presented or prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the proceeding, and
(e) there is no other legal ground why relief should not be granted, then,and in such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.
(3) For the purpose of aiding the Court in bringing about such reconciliation, the court may, if the parties so desire or if the Court thinks it just and proper so to do adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been effected and the court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.
23-A. Relief for respondent in divorce and other proceedings
In any proceedings for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.
24. Maintenance pendente lite and expenses of proceedings
Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.
25. Permanent alimony and maintenance
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
26. Custody of children
In any proceeding under this Act, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke, suspend or vary any such orders and provisions previously made.
27. Disposal of property
In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the wife.
28. Appeals from decrees and orders
(1) All decrees made by Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.
(2) Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.
28(A) Enforcement of decrees and orders All decrees and orders made by the Court in any proceeding under this Act, shall be enforced in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction for the time being enforced.
29. Savings
(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religion, castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial, separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.
30. Repeals
(Repealed by the Repealing and Amendment Act, 1960 (58 of 1960), Sec. 2 and the First Schedule.)
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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
An Act to consolidate and amend the law relating to the solemnization in of the marriages of Christians.
Preamble
Whereas it is expedient to consolidate and amend the law relating to the solemnization in of the marriages of persons professing the Christian religion; It is hereby enacted as follows:
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PRELIMINARY
1. Short titleThis Act may be called the Indian Christian Marriage Act, 1872.
Extent. — It extends to the whole of except the territories which, immediately before the 1st November, 1956, were comprised in the States of Travancore-Cochin, Manipur and
Jammu and Kashmir .
2. Enactments repealed. — [Rep. by the Repealing Act, 1938 (1 of 1938), Section 2 and Sch., Pt. I].
3. Interpretation-clause. — In this Act, unless there is something repugnant
in the subject or context, —
"Church of England" and "Anglican" means and apply to the Church of England as by law established;
"Church of Scotland" means the Church of Scotland as by law established;
"Church of Rome" and "Roman Catholic" means and apply to the Church which regards to Pope of Rome as its spiritual head;
"Church" includes any chapel or other building generally used for public Christian worship;
"" means the territories to which this Act extends;
"minor" means a person who has not completed the age of of twenty-one years and who is not a widower or a widow;
the expression "Christians" means persons professing the Christian religion;
and the expression "Indian Christians" includes the Christian descendants of natives of converted to Christianity, as well as such converts;
"Registrar General of Births, Deaths and Marriages" means a Registrar General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).
Comments
Any person professing the christian religion although he has not been baptised is a Christian for the purposes of the Act. (K.J.B. David v. Nilamani Devi, AIR 1953 Orissa 10).
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PART I-THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act. — Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.
5. Persons by whom marriages may be solemnized. — Marriages may be solemnized in —
(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of ;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between Indian Christians.
Comments
"Solemnised" in Section 5 means "celebrated" and refers to ceremonies only.
If a marriage is not solemnised in accordance with the provisions of Section 5 of the Indian Christian Marriage Act, it would enable the Court to declare such marriage as null and void. (Mariasoosai v. Clara Mary, AIR 1995
Madras 35 : 1995 (1) HLR 275 (S.B.).
6. Grant and revocation of licenses to solemnize marriages. — The State Government, so far as regards territories under its administration, may, by notification in the Official Gazette, grant licences to Ministers of Religion to solemnize marriages within such territories and may, by a like notification, revoke such licences.
7. Marriage Registrars. — The State Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar of Marriage Registrars for any district subject to its administration.
Senior Marriage Registrar. — Where there are more Marriage Registrars than one in any district, the State Government shall appoint one of them to be the Senior Marriage Registrar.
Magistrate when to be Marriage Registrar. — When there is only one Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or temporary vacancy.
8. Marriage Registrars in Indian States. — [Rep. by A.O. 1950].
9. Licensing of persons to grant certificates of marriage between Indian Christians. — The State Government may grant a license to any Christian either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian Christians.
Any such licence may be revoked by the authority by which it was granted and every such grant or revocation shall be notified in the Official Gazette.
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PART II-TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage. — Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:
Exceptions. — Provided that nothing in this section shall apply to —
(1) a Clergyman of the Church of England solemnizing a marriage under a special licence permitting him to do so at any hour than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or
(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special licence in that behalf from the Roman Catholic Bishop of the Diocese of Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorised to grant such licence, or
(3) a Clergyman of the Church of the solemnizing a marriage according to the rule, rites, ceremonies and customs of the Church of Scotland.
11. Place for solemnizing marriage. — No Clergyman of the Church of England shall solemnize a marriage in any place other than a church where worship is generally held according to the forms of the Church of England],
unless there is no such church within five miles distance by the shortest road from such place, or
unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary.
Fee for special licence. — For such special licence, the Registrar of the Diocese may charge such additional fee as he said Bishop from time to time authorizes.
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PART III-MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage. — Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act —
One of the persons intending marriage shall give notice in writing according to the form contained in the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein —
(a) the name and surname, and the profession or condition, of each of the persons intending marriage,
(b) the dwelling-place of each of them.
(c) the time during which each has dwelt there, and
(d) the church or private dwelling in which the marriage is to be solemnized:
Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.
13. Publication of such notice. — If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.
Return or transfer of notice. — But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice to the persons who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.
14. Notice of intended marriage in private dwelling. — If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in Section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.
15. Sending copy of notice to Marriage Registrar when one party is a minor. — When one of the persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Registrar of such district, to the Senior Marriage Registrar.
16. Procedure on receipt of notice. — The Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district who shall likewise publish the same in the manner above directed.
17. Issue of certificate of notice given and declaration made. — Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made:
Provision — Provided —
(1) that no such certificates shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister;
(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and
(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.
18. Declaration before issue of certificate. — The certificate mentioned in Section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration —
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage,
and, when either or both of the parties is or are a minor or minors —
(b) that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in having authority to give such consent, as the case may be.
19. Consent of father or guardian or mother. — The father, if living, of any minor, or if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor's marriage , and such consent is hereby required for the same marriage, unless no person authorised to give such consent be resident in India.
Comments
Where the marriage of a girl above 18 years but below 21 and belonging to Roman Catholic Church is solemnised by a Minister belonging to the Church, the marriage does not become null and void on the ground that the consent of the girl's parents is not taken. (Lakshmi Sanyal v. S.K. Dhar, AIR 1972 S.C. 2667).
20. Power to prohibit by notice issue of certificate. — Every person whose consent to a marriage is required under Section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.
21. Procedure on receipt of notice. — If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he was examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition,
or until the said notice is withdrawn by the person who gave it.
22. Issue of certificate in case of minority. — When either of the person intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by Section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.
23. Issue of certificates of Indian Christians. — When any Indian Christian about to be married makes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under Section 17, such Minister shall, before issuing the certificate, ascertain whether such Indian Christian is cognizant of the purport and effect of the said notice or certificate, the case may be, and if not, shall translate or cause to be translated the notice or certificate to such Indian Christian into some language which he understands.
24. Form of certificate. — The certificate to be issued by the Minister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.
25. Solemnization of marriage. — After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.
26. Certificate void if marriage not solemnized within two months. — Whenever a marriage is not solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given, and a certificate thereof issued in manner aforesaid.
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PART IV-REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTER OR RELIGION
27. Marriages when to be registered. — All marriages thereafter solemnized in between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.
28. Registration of marriages solemnized by Clergymen of Church of England.— Every Clergyman of the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act.
29. Quarterly returns to Archdeaconry. — Every Clergyman of the Church of England shall send four times in every year returns in duplicate authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate.
Contents of returns. — Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar-General of Births, Deaths and Marriages.
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome. — Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is solemnized,
and such person shall forward quarterly to the Registrar-General of Births, Deaths and Marriages returns of the entries of all marriages registered by him during the three months next preceding.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland. — Every Clergyman of the Church of Scotland shall keep a register of marriages,
and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act,
and shall forward quarterly to the Registrar-General of Births, Deaths and Marriages, through the Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in Section 29, of all such marriages.
32. Certain marriages to be registered in duplicate. — Every marriage solemnized by any person who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same; (that is to say) in a marriage register-book to be kept by him for that purpose, according to the form contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register book as a counterfoil.
33. Entries of such marriages to be signed and attested. — The entry of such marriage in both the certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by the persons married, and shall be attested by two credible witnesses other than the person solemnizing the marriage, present at its solemnization.
Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage-register-book.
34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar-General. — The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that purpose,
and shall send all the certificates which he has received during the month with such number and signature of initials added thereto as are hereafter acquired to, to the Registrar General of Births, Deaths and Marriages.
35. Copies of certificates to be entered and numbered. — Such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy of the said book, according to the order in which he receives each certificates.
36. Registrar to add number of entry to certificate, and send to Registrar-General.— The Marriage Registrar shall also add such last mentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and shall, at the end of every month, send the same to the Registrar General of Births, Deaths and Marriages.
37. Registration of marriages between Indian Christians by persons referred to in clauses -(1), (2) and (3) of Section 5. — When any marriage between Indian Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of Section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by Sections 28 to 36, both inclusive, register the marriage in a separate register-book and shall keep it safely until it is filled, or, if he leaves the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district.
Custody and disposal of register-book. — Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the Registrar-General of Births, Deaths and Marriages, to be kept by him with the records of his office.
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PART V-MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar. — When a marriage is intended to be solemnized by, or in the presence of a Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect; to any Marriage Registrar of the district within which the parties have dwelt,
or if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district,
and shall state therein the name and surname, and the profession or condition of each of the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.
39. Publication of notice. — Every Marriage Registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twenty-four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix the copy in some conspicuous place in his own office.
40. Notice to be filed and copy entered in Marriage Notice Book. — The Marriage Registrar shall file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all notices in a book to be furnished to him for that purpose by the State Government, and to be called the "Marriage-Notice Book",
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.
41. Certificate of notice given and oath made. — If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made:
Proviso. — Provided —
that no lawful impediment be shown to his satisfaction why such certificate should not issue;
that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act;
that four days after the receipt of the notice have expired: and further;
that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.
42. Oath before issue of certificate. — The certificate mentioned in Section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath —
(a) that he or she believes that there is no any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and
(b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar,
and, where either or each of the parties is a minor, —
(c) that the consent or consents to such marriage required by law has or have been obtained thereto, or that, there is no person resident in authorized to give such consent, as the case may be.
43. Petition to High Court to order certificate in less than fourteen days. — When one of the parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry of such notice as aforesaid, they may apply by petition to a judge of the High Court, for an order upon the Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate before the expiration of the said fourteen days required by Section 41.
Order on petition. — And on sufficient cause being shown, said Judge may, in his discretion, make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be mentioned in the said order before the expiration of the fourteen days so required.
And the said Marriage Registrar, on receipt of the order, shall issue his certificate in accordance therewith.
44. Consent of father or guardian. — The provisions of Section 19 apply to every marriage under this Part, either of the parties to which is a minor:
Protest against issue of certificate. — And any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrar's certificate, by writing, at any time before the issue of such certificate, the word "forbidden" opposite to the entry of the notice of such intended marriage in Marriage Notice-Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized.
Effect of Protest. — When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
45. Petition where person whose consent is necessary is insane or unjustly withholds consent. — If any person whose consent is necessary to any marriage under this Part is of unsound mind
or if any such person (other than the father) without just cause withholds his consent to the marriage,
the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of towns of
Calcutta ,
Madras and
Bombay , to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District Judge.
Procedure on petition. — And the said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way;
and, if upon examination such marriage appears proper such judge of the High Court of District Judge, as the case may be, shall declare the marriage to be a proper marriage.
Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage;
and if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to marriage as if the issue of such certificate had not been forbidden.
46. Petition when Marriage Registrar refuses certificate. — Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay to a Judge of the High Court, or if such district is not within any of the said towns then to the District Judge.
Procedure on petition. — The said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon.
The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and the Marriage Registrar to whom the application for the issue of certificate was originally made shall proceed in accordance therewith.
47. Petition when Marriage Registrar in
Indian
State refuses certificate. — [Rep. by the A.O. 1950].
48. Petition when Registrar doubts authority of person forbidding. — Whenever a Marriage Registrar, acting under the provisions of Section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district be not within any of the said towns, then to the District Judge.
Procedure on petition. — The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same,
and the said Judge of the High Court of District Judge, as the case may be, shall examine into the allegations of the petition and the circumstances of the case,
and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid,
and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as if the issue had not been forbidden.
49. Liability for frivolous protest against issue of certificate. — Every person entering a protest with the Marriage Registrar under this Part against the issue of any certificate, on grounds which such Marriage Registrar, under Section 44, or a Judge of the High Court or the District Judge, under Section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.
50. Form of certificate. — The certificate to be issued by the Marriage Registrar under the provisions of Section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like effect,
and the State Government shall furnish to every marriage Registrar a sufficient number of forms of certificate.
51. Solemnization of marriage after issue of certificate. — After the issue of the certificate of the Marriage Registrar,
or where notice is required to be given under this Act to the Marriage Registrars for different districts, after the issue of the certificates to the Marriage Registrars for such districts,
marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate, or certificates, be solemnized between them, according to such form and ceremony as they think fit to adopt.
But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses besides the Marriage Registrar.
And in some part of the ceremony each of the parties shall declare as follows, or to the like effect :
"I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D."
And each of the parties shall say to the other as follows or the like effect:
"I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife (or husband)."
52. When marriage not had within two months after notice, new notice required. — Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by Section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void;
and no person shall proceed to solemnize the marriage nor shall any Marriage Registrar enter the same, until new notice has been given and entry made, and certificate thereof given, at the time and in the manner aforesaid.
53. Marriage Registrar may ask for particulars to be registered. — A Marriage Registrar before whom any marriage is solemnized under this Part may ask of the persons to be married the several particulars required to be registered touching such marriage.
54. Registration of marriages solemnized under Part V. — After the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplicate; that is to say, in a marriage register book, according to the form of the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage register book as a counterfoil.
The entry of such marriage in both the certificate and the marriage register book shall be signed by the person by or before whom the marriage has been solemnized, if there be any such person, and by the Marriage Registrar present at such marriage, whether, or not it is solemnized by him, and also by the parties married and attested by two credible witnesses other than the Marriage Registrar and person solemnizing the marriage.
Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage register book.
55. Certificates to be sent monthly to Registrar-General. — The Marriage Registrar shall forthwith separate the certificate from the marriage register book and send it, at the end of every month, to the Registrar-General of Births, Deaths and Marriages.
Custody of register-book. — The Marriage Registrar shall keep safely the said register-book until it is filed, and shall then send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records to his office.
56. Officers to whom Registrar in Indian States shall send certificates. — [Rep. by the A.O. 1950].
57. Registrars to ascertain that notice and certificate are understood by Indian Christians. — When any Indian Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said Indian Christian understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to be translated such notice or certificate, or both of them, as the case may be, to such Indian Christian into a language which he understands;
or the Marriage Registrar shall otherwise ascertain whether the Indian Christian is cognizant of the purport and effect of the said notice and certificate.
58. Indian Christian to be made to understand declarations. — When any Indian Christian is married under the provisions of this Part, the person solemnizing marriage shall ascertain whether such Indian Christian understands the English language and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such Indian Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.
59. Registration of marriages between Indian Christians. — The registration of marriages between Indian Christians under this Part shall be made in conformity with the rules laid down in Section 37 (so far as they are applicable), and not otherwise.
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PART VI-MARRIAGE OF INDIAN CHRISTIANS
60. On what conditions marriages of Indian Christians may be certified. — Every marriage between Indian Christians applying for certificate, shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:
(1) the age of the man intending to be married shall not be under twenty-one years, and the age of the woman intending to be married shall not be under eighteen years;
(2) neither of the persons intending to be married shall have a wife or husband still living;
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other —
"I call upon these persons here present to witness that I, A.B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be my lawful wedded wife or husband or words to the like effect:
61. Grant of certificate. — When, in respect to any marriage solemnized under this Part, the conditions prescribed in Section 60 have been fulfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.
62. Keeping of register-book and deposit of extracts therefrom with Registrar- General. — (1) Every person licensed under Section 9 shall keep in English, or in the vernacular language in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State Government by which he was licensed may from time to time prescribe, a register book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar-General of Births, Deaths and Marriages for the territories under the administration of the said State Government, in such form and at such intervals as that Government may prescribe, true and duly authenticated extracts from his register-book of all entries made therein since the last of those intervals.]
63. Searches in register-book and copies of entries. — Every person licensed under this Act to grant certificates of marriage, and keeping a marriage register-book under Section 62 shall, at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of any entry therein.
64. Books in which marriages of Indian Christians under Part I or Part III are registered. — The provisions of Sections 62 and 63, as to the form of register-book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall mutatis mutandis, apply to the books kept under Section 37.
65. Part VI not to apply to Roman Catholics. — This Part of this Act, except so much of Sections 62 and 63 as are referred to in Section 64, shall not apply to marriages between Roman Catholics.
Saving of certain marriages. — But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865.
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PART VII-PENALTIES
66. False oath, declaration, notice or certificate for procuring marriage. — Who- ever, for the purpose of procuring a marriage or licence of marriage, intentionally, —
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under Section 193 of the Indian Penal Code, 1860 (45 of 1860) with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court with fine.
67. Forbidding by false personation, issue of certificate by Marriage Registrar. — Whoever, forbids the issue by a Marriage Registrar, of a certificate by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such representation to be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described in Section 205 of the Indian Penal Code, 1860 (45 of 1860).
68. Solemnizing marriage without due authority. — Whoever, not being authorized by Section 5 of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage Registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten years or (in lieu of a sentence or imprisonment for seven years of upwards) with transportation for a term of not less than seven years, and not exceeding ten years,
and shall also be liable to fine.
69. Solemnizing marriage out of proper time, or without witnesses. — Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Saving of marriages solemnized under special licence. — This section does not apply to marriages solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special licence in that behalf mentioned in Section10.
Nor does this section apply to marriages solemnized by Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.
70. Solemnizing without notice or within fourteen days after notice, marriage with minor. — Any Minister of Religion licensed to solemnize marriages under this Act, who without a notice in writing, or when one of the parties to the marriage is a minor and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
71. Issuing certificate, or marrying, without publication of notice. — A Marriage Registrar under this Act, who commits any of the following offences:
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act;
Marrying after expiry of notice. — (2) after the expiration of two months after the copy of the notice has been entered as required by Section 40 in respect of any marriage, solemnizes such marriage;
Solemnizing marriage with minor within fourteen days, without authority of court or without sending copy of notice. — (3) solemnizes without an order of a competent court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than one, and if he himself be not the Senior Marriage Registrar;
Issuing certificate against authorized prohibition. — (4) issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.
72. Issuing certificate after expiry of notice, or in case of minor, within fourteen days after notice, or against authorized prohibition. — Any Marriage Registrar knowingly and wilfully issuing any certificate for marriage after the expiration of two months after the notice has been entered by him as aforesaid,
or knowingly and wilfully issuing, without the order of a competent court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf,
shall be deemed to have committed an offence under Section 166 of the Indian Penal Code, 1860 (45 of 1860).
73. Persons authorized to solemnize marriage (other than Clergy of Churches of , or
Rome ). — Whoever, being authorized under this Act to solemnize a marriage, and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a licence from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf,
or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that Church,
or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that Church,
Issuing certificate, or marrying, without publishing notice, or after expiry of certificate. — knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes a marriage between such persons as aforesaid, without publishing or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him.
Issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice. — Or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district;
Issuing certificate authorizedly forbidden. — or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;
Solemnizing marriage authorizedly forbidden. — or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same;
shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.
74. Unlicensed person granting certificate pretending to be licensed. — Whoever, not being licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.
Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred rupees.
75. Destroying or falsifying register-books. — Whoever, by himself or another, wilfully destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom,
or falsely makes or counterfeits any part of such register-book of counterfoil certificates,
or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated extract,
shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
76. Limitation of prosecutions under Act. — The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed.
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PART VIII-MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act. — Whenever any marriage has been solemnized in accordance with the provisions of Sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:
(1) any statement made in regard to the dwelling of the person married, or to the consent of any person whose consent to such marriage is required by law:
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
78. Corrections of errors. — Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof.
And every entry made under this section shall be attested by the witnesses in whose presence it was made.
And, in case such certificate has been already sent to the Registrar-General of Births, Deaths and Marriages, such person shall make and send it in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.
79. Searches and copies of entries. — Every person solemnizing a marriage under this Act, and hereby required to register the same,
and every Marriage Registrar or Registrar-General of Births, Deaths and Marriages having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
80. Certified copy of entry in marriage-register, etc., to be evidence . — Every certified copy purporting to be signed by the person entrusted under this Act with the custody of any marriage-register or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in such register or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
81. Certificates of certain marriage to be sent to Central Government. — The Registrar-General of Births, Deaths and Marriages shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to him during such quarter, the certificates of the marriages of which the Government by whom he was appointed may desire that evidence shall be transmitted to England, and shall sent the same certificates, signed by him to the Central Government.
82. State Government to prescribe fees. — Fees shall be chargeable under this Act for —
receiving and publishing notices of marriages;
issuing certificates for marriages by Marriage Registrars, and registering marriages by the same;
entering protest against, or prohibitions of, the issue of certificates for marriage by the said Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under Section 63 and 79;
The State Government shall fix the amount of such fees respectively, and may from time to time vary or remit them either generally or in special case, as to it may seem fit.
83. Power to make rules. — [1][(1)] The State Government [2][may, by notification in the Official Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of register book, and the preparation and submission of returns of marriage solemnized under this Act.
[3] [(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
84. Power to prescribe fees and rules for Indian States. — [Rep. by A.O. 1950.]
85. Power to declare who shall be District Judge. — The State Government may, by notification in the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the District Judge.
86. Powers and functions exercisable as regards Indian States. — [Rep. by A.O. 1950.]
87. Saving of Consular marriages. — Nothing in this Act applies to any marriage performed by any Minister, Consul, or Consular Agent between subjects of the State which he represents and according to the laws of such State.
88. Non-validation of marriages within prohibited degrees. — Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.
[Note — Schedules I to IV containing Forms is being omitted here.]
[1] Renumbered as sub-section (1) by Act No. 20 of 1983.
[2] Subs. by Act No. 20 of 1983, for "may make rules".
[3] Ins. by Act No. 20 of 1983.
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THE MUSLIM MARRIAGE ACT, 1939
An Act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married woman on her marriage tie.
Whereas it is expedient to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage; it is hereby enacted as follows:
1. Short title and extent.
(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.
(2) It extends to all the provinces and the Capital of the Federation.
2. Grounds for decree for dissolution of marriage.
A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:
(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has filed to provide for her maintenance for a period of two years;
(ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years:
Provided that the marriage has not been consumated;
(viii)that the husband treats her with cruelty, that is to say,
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute of leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,
(ix) on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law,
Provided that:
(a) no decree passed on ground (i) shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and
(b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground.
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.
In a suit to which clause (i) of section 2 applies:
(a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint.
(b) notice of the suit shall be served on such persons, and
(c) such persons shall have the right to be heard in the suit:
Provided that paternal-uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.
4. Effect of conversion to another faith.
The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:
Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2;
Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.
5. Right to dower not be affected.
Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage
6. (Repeal of section 5 of Act, XXVI of 1937)
Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), section 2 and First Sch.
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Walking out of wedlock
