Special Marriage Act One Liner Notes

THE SPECIAL MARRIAGE ACT, 1954

PREAMBLE

What is the subject matter of the Special Marriage Act, 1954?

A special form of marriage in certain cases, registration of such and certain other marriages and divorce.

What is the Act number of the Special Marriage Act, 1954?

Act No. 43 of 1954.

On which date was the Special Marriage Act, 1954 enacted?

9th October, 1954.

What does the Preamble of the Special Marriage Act, 1954 provide?

It provides a special form of marriage in certain cases, registration of such and certain other marriages and divorce.

In which year of the Republic of India was the Special Marriage Act enacted?

In the Fifth Year of the Republic of India.

By whom was the Special Marriage Act, 1954 enacted?

By Parliament.

CHAPTER I

PRELIMINARY

What is the subject matter of Section 1?

Short title, extent and commencement.

What does Section 1(1) provide regarding the short title of the Act?

This Act may be called the Special Marriage Act, 1954.

What does Section 1(2) provide regarding the extent of the Act?

It extends to the whole of India.

To whom does Section 1(2) apply outside the territories to which the Act extends?

Citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.

What does Section 1(3) provide regarding commencement of the Act?

It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. It came into force on 1^st Jan, 1955.

What is the subject matter of Section 2?

Definitions.

What does Section 2(b) define?

Degrees of prohibited relationship.

Who are within the degrees of prohibited relationship under Section 2(b) in relation to a man?

Any of the persons mentioned in Part I of the First Schedule.

Who are within the degrees of prohibited relationship under Section 2(b) in relation to a woman?

Any of the persons mentioned in Part II of the First Schedule.

What does Explanation I to Section 2(b)(a) provide regarding relationship?

Relationship includes relationship by half or uterine blood as well as by full blood.

What does Explanation I to Section 2(b)(b) provide regarding relationship?

Relationship includes illegitimate blood relationship as well as legitimate.

What does Explanation I to Section 2(b)(c) provide regarding relationship?

Relationship includes relationship by adoption as well as by blood.

How are all terms of relationship in the Act construed under Explanation I to Section 2(b)?

Accordingly to the relationships included in Explanation I.

When are two persons related to each other by full blood under Explanation II to Section 2(b)?

When they are descended from a common ancestor by the same wife.

When are two persons related to each other by half blood under Explanation II to Section 2(b)?

When they are descended from a common ancestor but by different wives.

When are two persons related to each other by uterine blood under Explanation III to Section 2(b)?

When they are descended from a common ancestress but by different husbands.

What does Explanation IV to Section 2(b) provide regarding “ancestor”?

“Ancestor” includes the father.

What does Explanation IV to Section 2(b) provide regarding “ancestress”?

“Ancestress” includes the mother.

What does Section 2(d) define?

District.

What is meant by “district” under Section 2(d) in relation to a Marriage Officer?

The area for which he is appointed under Section 3(1) or Section 3(2).

What does Section 2(e) define?

District court.

What is meant by “district court” under Section 2(e) where there is a city civil court?

That court.

What is meant by “district court” under Section 2(e) in any other area?

The principal civil court of original jurisdiction.

What may also be included within “district court” under Section 2(e)?

Any other civil court specified by the State Government by notification in the Official Gazette.

For what purpose may another civil court be specified under Section 2(e)?

As having jurisdiction in respect of matters dealt with in this Act.

What does Section 2(f) define?

Prescribed.

What is meant by “prescribed” under Section 2(f)?

Prescribed by rules made under this Act.

What does Section 2(g) define?

State Government.

What is meant by “State Government” in relation to a Union territory under Section 2(g)?

The administrator thereof.

What is the subject matter of Section 3?

Marriage Officers.

Which authority may appoint Marriage Officers under Section 3(1)?

The State Government.

By what mode may Marriage Officers be appointed under Section 3(1)?

By notification in the Official Gazette.

For what purpose are Marriage Officers appointed under Section 3(1)?

For the purposes of this Act.

How many Marriage Officers may be appointed under Section 3(1)?

One or more Marriage Officers.

For which area may Marriage Officers be appointed under Section 3(1)?

For the whole or any part of the State.

Which authority may specify Marriage Officers under Section 3(2)?

The Central Government.

By what mode may officers be specified as Marriage Officers under Section 3(2)?

By notification in the Official Gazette.

For whose purposes does Section 3(2) apply?

Citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.

Who may be specified as Marriage Officers under Section 3(2)?

Such officers of the Central Government as the Central Government may think fit.

For which area may Marriage Officers be specified under Section 3(2)?

For the State or any part thereof.

CHAPTER II

SOLEMNIZATION OF SPECIAL MARRIAGES

What is the subject matter of Section 4?

Conditions relating to solemnization of special marriages.

What is the effect of the non-obstante clause under Section 4?

A marriage between any two persons may be solemnized under this Act notwithstanding anything contained in any other law relating to solemnization of marriages.

When may a marriage be solemnized under Section 4?

When the conditions specified in Section 4 are fulfilled at the time of marriage.

What condition is prescribed under Section 4(a)?

Neither party has a spouse living.

What does Section 4(b)(i) provide regarding consent?

Neither party is incapable of giving valid consent in consequence of unsoundness of mind.

What does Section 4(b)(ii) provide regarding mental disorder?

Neither party, though capable of giving 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.

What does Section 4(b)(iii) provide regarding insanity?

Neither party has been subject to recurrent attacks of insanity.

What age must the male complete under Section 4(c)?

Twenty-one years.

What age must the female complete under Section 4(c)?

Eighteen years.

What does Section 4(d) provide regarding prohibited relationship?

The parties are not within the degrees of prohibited relationship.

What does the proviso to Section 4(d) provide?

Where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized notwithstanding that they are within the degrees of prohibited relationship.

What is required under the proviso to Section 4(d) for solemnization of marriage within prohibited relationship?

A custom governing at least one of the parties permitting such marriage.

What does Section 4(e) provide regarding marriages solemnized in the State of Jammu and Kashmir?

Both parties must be citizens of India domiciled in the territories to which this Act extends.

What is meant by “custom” under the Explanation to Section 4?

Any rule which the State Government may, by notification in the Official Gazette, specify as applicable to members of a tribe, community, group or family.

In relation to whom is “custom” defined under the Explanation to Section 4?

A person belonging to any tribe, community, group or family.

Which authority may specify a custom under the Explanation to Section 4?

The State Government.

By what mode may a custom be specified under the Explanation to Section 4?

By notification in the Official Gazette.

To whom may a custom specified under the Explanation to Section 4 apply?

Members of a tribe, community, group or family.

What is the first condition under the proviso to the Explanation to Section 4 for issuance of notification?

The rule has been continuously and uniformly observed for a long time among those members.

What is the second condition under the proviso to the Explanation to Section 4 for issuance of notification?

The rule is certain and not unreasonable or opposed to public policy.

What is the third condition under the proviso to the Explanation to Section 4 for issuance of notification where the rule applies only to a family?

The rule has not been discontinued by the family.

What must the State Government be satisfied about before issuing notification under the proviso to the Explanation to Section 4?

The conditions specified in clauses (i), (ii) and (iii).

What is the subject matter of Section 5?

Notice of intended marriage.

When is notice given under Section 5?

When a marriage is intended to be solemnized under this Act.

Who shall give notice under Section 5?

The parties to the marriage.

In what form shall notice be given under Section 5?

In writing in the form specified in the Second Schedule.

To whom shall notice under Section 5 be given?

To the Marriage Officer of the district.

Which Marriage Officer is competent to receive notice under Section 5?

The Marriage Officer of the district in which at least one of the parties has resided for not less than thirty days immediately preceding the notice.

What is the minimum period of residence required under Section 5?

Not less than thirty days immediately preceding the date of notice.

Who must satisfy the residence requirement under Section 5?

At least one of the parties to the marriage.

What is the relevant period for calculating residence under Section 5?

The period immediately preceding the date on which notice is given.

Which Schedule prescribes the form of notice under Section 5?

The Second Schedule.

What is the subject matter of Section 6?

Marriage Notice Book and publication.

What shall the Marriage Officer keep under Section 6(1)?

All notices given under Section 5 with the records of his office.

What shall the Marriage Officer enter in the Marriage Notice Book under Section 6(1)?

A true copy of every notice given under Section 5.

When shall the Marriage Officer enter the notice in the Marriage Notice Book under Section 6(1)?

Forthwith.

What is the name of the book prescribed under Section 6(1)?

Marriage Notice Book.

For what purpose is the Marriage Notice Book maintained under Section 6(1)?

For entering true copies of notices given under Section 5.

Who may inspect the Marriage Notice Book under Section 6(1)?

Any person desirous of inspecting the same.

At what time may the Marriage Notice Book be inspected under Section 6(1)?

At all reasonable times.

Is any fee payable for inspection of the Marriage Notice Book under Section 6(1)?

No, inspection is without fee.

What shall the Marriage Officer do under Section 6(2) regarding publication of notice?

Cause every notice to be published by affixing a copy thereof to some conspicuous place in his office.

Where shall the notice be affixed under Section 6(2)?

To some conspicuous place in the office of the Marriage Officer.

When does Section 6(3) become applicable?

Where either of the parties is not permanently residing within the local limits of the district of the Marriage Officer to whom notice has been given.

What shall the Marriage Officer do under Section 6(3) where either party is not permanently residing within his district?

Cause a copy of the notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing.

To whom is the copy of notice transmitted under Section 6(3)?

To the Marriage Officer of the district within whose limits such party is permanently residing.

What shall the receiving Marriage Officer do under Section 6(3)?

Cause a copy of the notice to be affixed to some conspicuous place in his office.

Where shall the receiving Marriage Officer affix the notice under Section 6(3)?

To some conspicuous place in his office.

What is the subject matter of Section 7?

Objection to marriage.

Who may object to a marriage under Section 7(1)?

Any person.

Within what period may objection be made under Section 7(1)?

Before the expiration of thirty days from the date on which notice has been published under Section 6(2).

On what ground may objection be made under Section 7(1)?

That the marriage would contravene one or more of the conditions specified in Section 4.

From which date is the period for objection calculated under Section 7(1)?

From the date on which notice has been published under Section 6(2).

When may the marriage be solemnized under Section 7(2)?

After the expiration of thirty days from the date on which notice has been published under Section 6(2).

What is the condition for solemnization under Section 7(2)?

The marriage has not been previously objected to under Section 7(1).

What shall the Marriage Officer do regarding the objection under Section 7(3)?

Record the nature of the objection in writing in the Marriage Notice Book.

Where shall the objection be recorded under Section 7(3)?

In the Marriage Notice Book.

To whom shall the objection be read over and explained under Section 7(3)?

To the person making the objection.

When shall the objection be explained under Section 7(3)?

If necessary.

Who shall sign the objection under Section 7(3)?

The person making the objection or a person signing on his behalf.

What is the subject matter of Section 8?

Procedure on receipt of objection.

What shall the Marriage Officer do if an objection is made under Section 7?

He shall not solemnize the marriage until he has inquired into the matter of objection and is satisfied that it ought not to prevent solemnization or the objection is withdrawn.

What is the duty of the Marriage Officer under Section 8(1) upon receipt of objection?

To inquire into the matter of the objection.

When may the Marriage Officer solemnize the marriage after objection under Section 8(1)?

When he is satisfied that the objection ought not to prevent solemnization or the objection is withdrawn.

Who may withdraw the objection under Section 8(1)?

The person making the objection.

What is the maximum period for inquiry under Section 8(1)?

Thirty days from the date of the objection.

From which date is the period for inquiry under Section 8(1) calculated?

From the date of the objection.

What must the Marriage Officer arrive at within the period specified in Section 8(1)?

A decision on the objection.

What happens if the Marriage Officer upholds the objection under Section 8(2)?

He shall refuse to solemnize the marriage.

Who may prefer an appeal under Section 8(2)?

Either party to the intended marriage.

Within what period may appeal be preferred under Section 8(2)?

Within thirty days from the date of refusal.

To which court does the appeal lie under Section 8(2)?

The district court within whose local limits the Marriage Officer has his office.

From which date is the limitation period for appeal under Section 8(2) calculated?

From the date of refusal to solemnize the marriage.

What is the effect of the decision of the district court under Section 8(2)?

The decision is final.

What is the duty of the Marriage Officer after the decision of the district court under Section 8(2)?

He shall act in conformity with the decision of the court.

What is the subject matter of Section 9?

Powers of Marriage Officers in respect of inquiries.

For what purpose are powers conferred upon the Marriage Officer under Section 9(1)?

For the purpose of inquiry under Section 8.

What powers does the Marriage Officer have under Section 9(1)?

All the powers vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of specified matters.

What power relating to witnesses is conferred under Section 9(1)(a)?

Summoning and enforcing attendance of witnesses and examining them on oath.

What power relating to discovery is conferred under Section 9(1)(b)?

Discovery and inspection.

What power relating to documents is conferred under Section 9(1)(c)?

Compelling the production of documents.

What power relating to affidavits is conferred under Section 9(1)(d)?

Reception of evidence of affidavits.

What power relating to commissions is conferred under Section 9(1)(e)?

Issuing commissions for the examination of witnesses.

What is the status of proceedings before the Marriage Officer under Section 9(1)?

They are deemed to be judicial proceedings within the meaning of Section 229 of the BNS.

Within the meaning of which provision are proceedings before the Marriage Officer deemed judicial proceedings under Section 9(1)?

Section 229 of the BNS.

What does the Explanation to Section 9(1) provide regarding local limits of jurisdiction?

The local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district for enforcing attendance of persons to give evidence.

For what purpose are the local limits of jurisdiction defined in the Explanation to Section 9(1)?

For enforcing attendance of any person to give evidence.

When may the Marriage Officer impose costs under Section 9(2)?

When the objection appears not reasonable and not made in good faith.

On whom may costs be imposed under Section 9(2)?

The person objecting.

What is the maximum amount of costs by way of compensation under Section 9(2)?

One thousand rupees.

To whom may compensation be awarded under Section 9(2)?

To the parties to the intended marriage.

What portion of compensation may be awarded under Section 9(2)?

The whole or any part thereof.

How may an order for costs under Section 9(2) be executed?

In the same manner as a decree passed by the district court within whose local limits the Marriage Officer has his office.

Which district court is relevant for execution under Section 9(2)?

The district court within whose local limits the Marriage Officer has his office.

What is the subject matter of Section 10?

Procedure on receipt of objection by Marriage Officer abroad.

When does Section 10 become applicable?

Where an objection is made under Section 7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State.

What shall the Marriage Officer do under Section 10 after making inquiry if he entertains a doubt?

He shall not solemnize the marriage.

What kind of inquiry may the Marriage Officer conduct under Section 10?

Such inquiry into the matter as he thinks fit.

What shall the Marriage Officer transmit under Section 10 if he entertains doubt?

The record together with such statement respecting the matter as he thinks fit.

To whom shall the Marriage Officer transmit the record under Section 10?

The Central Government.

What may the Central Government do under Section 10 after receiving the record?

Make such inquiry into the matter as it thinks fit.

What may the Central Government obtain under Section 10 before giving its decision?

Such advice as it thinks fit.

In what form shall the Central Government give its decision under Section 10?

In writing.

To whom shall the Central Government communicate its decision under Section 10?

To the Marriage Officer.

What is the duty of the Marriage Officer after receiving the decision of the Central Government under Section 10?

He shall act in conformity with the decision of the Central Government.

What is the subject matter of Section 11?

Declaration by parties and witnesses.

When shall the declaration under Section 11 be signed?

Before the marriage is solemnized.

Who shall sign the declaration under Section 11?

The parties and three witnesses.

In whose presence shall the declaration under Section 11 be signed?

In the presence of the Marriage Officer.

In what form shall the declaration under Section 11 be made?

In the form specified in the Third Schedule to this Act.

Who shall countersign the declaration under Section 11?

The Marriage Officer.

Which Schedule prescribes the form of declaration under Section 11?

The Third Schedule.

How many witnesses are required to sign the declaration under Section 11?

Three witnesses.

What is the subject matter of Section 12?

Place and form of solemnization.

Where may marriage be solemnized under Section 12(1)?

At the office of the Marriage Officer or at such other place within a reasonable distance therefrom as the parties may desire.

What condition applies to solemnization at another place under Section 12(1)?

It must be within a reasonable distance from the office of the Marriage Officer.

Who may choose the place of solemnization under Section 12(1)?

The parties.

On what terms may marriage be solemnized at another place under Section 12(1)?

Upon such conditions and payment of such additional fees as may be prescribed.

What does Section 12(2) provide regarding the form of solemnization?

The marriage may be solemnized in any form which the parties may choose to adopt.

When is marriage complete and binding under the proviso to Section 12(2)?

When each party says to the other the prescribed form of words in the presence of the Marriage Officer and three witnesses.

What declaration must each party make under the proviso to Section 12(2)?

“I, (A), take the (B), to be my lawful wife (or husband)”.

In whose presence must the declaration under the proviso to Section 12(2) be made?

In the presence of the Marriage Officer and the three witnesses.

In what language must the declaration under the proviso to Section 12(2) be made?

In any language understood by the parties.

How many witnesses must be present under the proviso to Section 12(2)?

Three witnesses.

What is the subject matter of Section 13?

Certificate of marriage.

What shall the Marriage Officer do under Section 13(1) when the marriage has been solemnized?

Enter a certificate thereof in the prescribed form in the Marriage Certificate Book.

In what form shall the certificate be entered under Section 13(1)?

In the form specified in the Fourth Schedule.

In which book shall the certificate be entered under Section 13(1)?

The Marriage Certificate Book.

For what purpose is the Marriage Certificate Book maintained under Section 13(1)?

For entering certificates of marriage.

Who keeps the Marriage Certificate Book under Section 13(1)?

The Marriage Officer.

Who shall sign the certificate under Section 13(1)?

The parties to the marriage and the three witnesses.

How many witnesses are required to sign the certificate under Section 13(1)?

Three witnesses.

What is the effect of entry of certificate in the Marriage Certificate Book under Section 13(2)?

The certificate shall be deemed to be conclusive evidence that a marriage under this Act has been solemnized.

What is conclusively evidenced under Section 13(2)?

That a marriage under this Act has been solemnized.

What further fact is conclusively evidenced under Section 13(2)?

That all formalities respecting the signatures of witnesses have been complied with.

Who enters the certificate in the Marriage Certificate Book under Section 13(2)?

The Marriage Officer.

Which Schedule prescribes the form of marriage certificate under Section 13(1)?

The Fourth Schedule.

What is the subject matter of Section 14?

New notice when marriage not solemnized within three months.

When do the notice and proceedings lapse under Section 14 in ordinary cases?

When the marriage is not solemnized within three calendar months from the date on which notice has been given under Section 5.

From which date is the period calculated in ordinary cases under Section 14?

From the date on which notice has been given to the Marriage Officer under Section 5.

What is the period prescribed under Section 14 for solemnization after notice?

Three calendar months.

When do the notice and proceedings lapse where an appeal has been filed under Section 8(2)?

If the marriage is not solemnized within three months from the date of the decision of the district court on such appeal.

From which date is the period calculated where appeal is filed under Section 8(2)?

From the date of the decision of the district court.

When do the notice and proceedings lapse where the record has been transmitted under Section 10?

If the marriage is not solemnized within three months from the date of decision of the Central Government.

From which date is the period calculated where the record is transmitted under Section 10?

From the date of decision of the Central Government.

What is the effect of lapse under Section 14?

The notice and all other proceedings arising therefrom shall be deemed to have lapsed.

Can the Marriage Officer solemnize the marriage after lapse under Section 14 without fresh notice?

No.

What is required before solemnization after lapse under Section 14?

A new notice given in the manner laid down in this Act.

CHAPTER III

REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS

What is the subject matter of Section 15?

Registration of marriages celebrated in other forms.

Which marriages may be registered under Section 15?

Any marriage celebrated before or after commencement of this Act other than a marriage solemnized under the Special Marriage Act, 1872 or under this Act.

Who may register marriages under Section 15?

A Marriage Officer in the territories to which this Act extends.

What is the first condition under Section 15(a)?

A ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since.

What must the parties have been doing since the ceremony under Section 15(a)?

Living together as husband and wife.

What is the condition under Section 15(b) regarding spouse living?

Neither party has at the time of registration more than one spouse living.

What is the condition under Section 15(c) regarding mental capacity?

Neither party is an idiot or a lunatic at the time of registration.

What is the age requirement under Section 15(d)?

The parties have completed the age of twenty-one years at the time of registration.

What is the condition under Section 15(e) regarding prohibited relationship?

The parties are not within the degrees of prohibited relationship.

To what is the condition under Section 15(e) subject in case of marriages celebrated before commencement of the Act?

Any law, custom or usage having the force of law governing each of them permitting such marriage.

What must the law, custom or usage permit under the proviso to Section 15(e)?

A marriage between the two parties.

What is the residence requirement under Section 15(f)?

The parties have been residing within the district of the Marriage Officer for not less than thirty days immediately preceding the application for registration.

Within whose district must the parties reside under Section 15(f)?

Within the district of the Marriage Officer.

What is the relevant period of residence under Section 15(f)?

Not less than thirty days immediately preceding the date of application for registration.

What is excluded from registration under Section 15?

Marriages solemnized under the Special Marriage Act, 1872 or under this Act.

What is the subject matter of Section 16?

Procedure for registration.

What triggers the procedure under Section 16?

Receipt of an application signed by both parties for registration of marriage under this Chapter.

Who must sign the application under Section 16?

Both the parties to the marriage.

What shall the Marriage Officer do upon receipt of the application under Section 16?

Give public notice thereof in such manner as may be prescribed.

In what manner shall public notice be given under Section 16?

In such manner as may be prescribed.

What period must the Marriage Officer allow under Section 16 for objections?

Thirty days.

What shall the Marriage Officer do regarding objections received within the prescribed period under Section 16?

Hear any objection received within that period.

What must the Marriage Officer be satisfied about before registering the marriage under Section 16?

That all the conditions mentioned in Section 15 are fulfilled.

What shall the Marriage Officer enter under Section 16 upon satisfaction of conditions?

A certificate of the marriage in the Marriage Certificate Book.

In what form shall the certificate be entered under Section 16?

In the form specified in the Fifth Schedule.

Which Schedule prescribes the form of certificate under Section 16?

The Fifth Schedule.

In which book shall the certificate be entered under Section 16?

The Marriage Certificate Book.

Who shall sign the certificate under Section 16?

The parties to the marriage and three witnesses.

How many witnesses are required to sign the certificate under Section 16?

Three witnesses.

What is the subject matter of Section 17?

Appeals from orders under Section 16.

Who may appeal under Section 17?

Any person aggrieved by an order of a Marriage Officer refusing to register a marriage under this Chapter.

Against which order does appeal lie under Section 17?

An order of the Marriage Officer refusing to register a marriage under this Chapter.

Within what period may appeal be preferred under Section 17?

Within thirty days from the date of the order.

From which date is the limitation period under Section 17 calculated?

From the date of the order.

To which court does appeal lie under Section 17?

The district court within the local limits of whose jurisdiction the Marriage Officer has his office.

What is the effect of the decision of the district court under Section 17?

The decision shall be final.

What is the duty of the Marriage Officer after the decision of the district court under Section 17?

He shall act in conformity with such decision.

Which Marriage Officer must act in conformity with the decision under Section 17?

The Marriage Officer to whom the application was made.

What is the subject matter of Section 18?

Effect of registration of marriage under this Chapter.

To what is Section 18 subject?

The provisions contained in Section 24(2).

When does Section 18 become applicable?

Where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter.

What is the effect of final entry of certificate under Section 18?

The marriage shall be deemed to be a marriage solemnized under this Act.

From which date is the marriage deemed solemnized under Section 18?

From the date of entry of certificate in the Marriage Certificate Book.

What is the status of children born after the date of ceremony of marriage under Section 18?

They shall be deemed to be and always to have been the legitimate children of their parents.

Which children are covered under Section 18?

All children born after the date of the ceremony of marriage.

What shall be entered in the Marriage Certificate Book regarding children under Section 18?

Their names.

In what respects are the children deemed legitimate under Section 18?

In all respects.

What does the proviso to Section 18 provide regarding property rights?

Nothing in this section shall confer upon such children rights in or to the property of any person other than their parents in specified cases.

To whose property do the children not acquire rights under the proviso to Section 18?

Any person other than their parents.

In which cases does the proviso to Section 18 apply?

Where but for the passing of this Act such children would have been incapable of possessing or acquiring such rights by reason of illegitimacy.

What is the basis of incapacity referred to in the proviso to Section 18?

Their not being the legitimate children of their parents.

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

What is the subject matter of Section 19?

Effect of marriage on member of undivided family.

To whom does Section 19 apply?

Any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions.

What is the effect of marriage solemnized under this Act under Section 19?

It shall be deemed to effect severance from the undivided family.

Which religions are mentioned in Section 19?

Hindu, Buddhist, Sikh and Jaina religions.

What is deemed to be effected by marriage under Section 19?

Severance from the undivided family.

What type of marriage attracts Section 19?

Marriage solemnized under this Act.

What is the subject matter of Section 20?

Rights and disabilities not affected by Act.

To what is Section 20 subject?

The provisions of Section 19.

To whom does Section 20 apply?

Any person whose marriage is solemnized under this Act.

What rights are preserved under Section 20?

The same rights in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 applies.

What disabilities are preserved under Section 20?

The same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 applies.

In relation to what matter are rights and disabilities dealt with under Section 20?

The right of succession to any property.

Which Act is referred to in Section 20 for determining rights and disabilities?

The Caste Disabilities Removal Act, 1850.

What is the effect of marriage solemnized under this Act under Section 20 regarding succession rights?

The person shall have the same rights and disabilities as a person to whom the Caste Disabilities Removal Act, 1850 applies.

What is the subject matter of Section 21?

Succession to property of parties married under Act.

What is the effect of the non-obstante clause under Section 21?

Succession shall be regulated notwithstanding restrictions contained in the Indian Succession Act, 1925 regarding its application to members of certain communities.

To whose property does Section 21 apply?

The property of any person whose marriage is solemnized under this Act and the property of the issue of such marriage.

By which law is succession regulated under Section 21?

The Indian Succession Act, 1925.

What restrictions are overridden under Section 21?

Restrictions contained in the Indian Succession Act, 1925 with respect to its application to members of certain communities.

To whose property does the Indian Succession Act, 1925 apply under Section 21?

The property of persons married under this Act and the property of the issue of such marriage.

What is omitted from the Indian Succession Act, 1925 for the purposes of Section 21?

Chapter III of Part V relating to Special Rules for Parsi Intestates.

Which Chapter is omitted under Section 21 for purposes of succession?

Chapter III of Part V.

What is the subject matter of the omitted Chapter referred to in Section 21?

Special Rules for Parsi Intestates.

What is the subject matter of Section 21A?

Special provision in certain cases.

When does Section 21A apply?

Where marriage is solemnized under this Act between persons professing the Hindu, Buddhist, Sikh or Jaina religion.

Which religions are mentioned in Section 21A?

Hindu, Buddhist, Sikh and Jaina religions.

What is the effect of Section 21A on Section 19?

Section 19 shall not apply.

What is the effect of Section 21A on Section 21?

Section 21 shall not apply.

What is the effect of Section 21A on Section 20?

So much of Section 20 as creates a disability shall not apply.

To whom must the parties belong for Section 21A to apply?

Both parties must profess the Hindu, Buddhist, Sikh or Jaina religion.

What type of marriage attracts Section 21A?

Marriage solemnized under this Act.

CHAPTER V

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

What is the subject matter of Section 22?

Restitution of conjugal rights.

When may a petition for restitution of conjugal rights be filed under Section 22?

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other.

Who may apply for restitution of conjugal rights under Section 22?

The aggrieved party.

To which court may a petition under Section 22 be presented?

The district court.

What must the district court be satisfied about under Section 22 before granting relief?

The truth of the statements made in the petition and that there is no legal ground why the application should not be granted.

What decree may the court pass under Section 22?

A decree for restitution of conjugal rights.

What is required regarding withdrawal under Section 22?

Withdrawal must be without reasonable excuse.

What does the Explanation to Section 22 provide regarding burden of proof?

The burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

When does the Explanation to Section 22 become applicable?

Where a question arises whether there has been reasonable excuse for withdrawal from society.

On whom does the burden of proving reasonable excuse lie under the Explanation to Section 22?

On the person who has withdrawn from the society.

What is the subject matter of Section 23?

Judicial separation.

Who may present a petition for judicial separation under Section 23(1)?

Either the husband or the wife.

To which court may a petition for judicial separation under Section 23(1) be presented?

The district court.

On what grounds may a petition for judicial separation be presented under Section 23(1)(a)?

On any of the grounds specified in Section 27(1) and Section 27(1A) on which a petition for divorce might have been presented.

What is the ground under Section 23(1)(b) for judicial separation?

Failure to comply with a decree for restitution of conjugal rights.

What must the court be satisfied about under Section 23(1) before granting judicial separation?

The truth of the statements made in the petition and that there is no legal ground why the application should not be granted.

What decree may the court grant under Section 23(1)?

A decree for judicial separation.

What is the effect of decree for judicial separation under Section 23(2)?

It shall no longer be obligatory for the petitioner to cohabit with the respondent.

Who may apply for rescission of decree under Section 23(2)?

Either party.

By what mode may rescission of decree under Section 23(2) be sought?

By petition.

What must the court be satisfied about before rescinding the decree under Section 23(2)?

The truth of the statements made in the petition.

When may the court rescind the decree under Section 23(2)?

If it considers it just and reasonable to do so.

CHAPTER VI

NULLITY OF MARRIAGE AND DIVORCE

What is the subject matter of Section 24?

Void marriages.

What is the effect of marriage being void under Section 24(1)?

The marriage shall be null and void and may be so declared by a decree of nullity.

Who may present a petition under Section 24(1)?

Either party to the marriage against the other party.

What decree may be granted under Section 24(1)?

A decree of nullity.

When may a marriage be declared null and void under Section 24(1)(i)?

When any condition specified in clauses (a), (b), (c) and (d) of Section 4 has not been fulfilled.

Which conditions of Section 4 are referred to in Section 24(1)(i)?

Clauses (a), (b), (c) and (d) of Section 4.

When may a marriage be declared null and void under Section 24(1)(ii)?

When the respondent was impotent at the time of marriage and at the time of institution of the suit.

At what two points of time must impotence exist under Section 24(1)(ii)?

At the time of the marriage and at the time of institution of the suit.

To what marriages does Section 24(2) not apply?

Marriages deemed to be solemnized under this Act within the meaning of Section 18.

What may be declared under Section 24(2) regarding marriages under Section 18?

Registration of such marriage may be declared to be of no effect.

When may registration be declared of no effect under Section 24(2)?

When registration was in contravention of any condition specified in clauses (a) to (e) of Section 15.

Which conditions are relevant under Section 24(2)?

Conditions specified in clauses (a) to (e) of Section 15.

Which Chapter is referred to in Section 24(2)?

Chapter III.

What does the proviso to Section 24(2) provide?

No declaration shall be made where an appeal has been preferred under Section 17 and the decision of the district court has become final.

When is declaration prohibited under the proviso to Section 24(2)?

Where an appeal has been preferred under Section 17 and the decision of the district court has become final.

Which appeal is referred to in the proviso to Section 24(2)?

Appeal under Section 17.

What must be the status of the district court’s decision under the proviso to Section 24(2)?

The decision must have become final.

What declaration is barred under the proviso to Section 24(2)?

Declaration that registration of marriage under Chapter III is of no effect.

What is the subject matter of Section 25?

Voidable marriages.

What is the effect of marriage being voidable under Section 25?

The marriage may be annulled by a decree of nullity.

When may a marriage be annulled under Section 25(i)?

When the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage.

What is the ground under Section 25(ii)?

The respondent was at the time of marriage pregnant by some person other than the petitioner.

What is the ground under Section 25(iii)?

The consent of either party was obtained by coercion or fraud as defined in the Indian Contract Act, 1872.

Under which law are coercion and fraud defined for the purposes of Section 25(iii)?

The Indian Contract Act, 1872.

What must the court be satisfied about under the first proviso to Section 25(a)?

That the petitioner was ignorant of the facts alleged at the time of marriage.

What is the limitation period under the first proviso to Section 25(b)?

Proceedings must be instituted within one year from the date of marriage.

What condition regarding marital intercourse is prescribed under the first proviso to Section 25(c)?

Marital intercourse with the consent of the petitioner must not have taken place after discovery of the grounds.

To which clause does the first proviso to Section 25 apply?

Clause (ii).

What is the first condition under the second proviso to Section 25(a)?

Proceedings must have been instituted within one year after coercion ceased or fraud was discovered.

What is the second condition under the second proviso to Section 25(b)?

The petitioner must not have lived with the other party as husband and wife with free consent after coercion ceased or fraud was discovered.

To which clause does the second proviso to Section 25 apply?

Clause (iii).

What decree may be granted under Section 25?

A decree of nullity.

What is the subject matter of Section 26?

Legitimacy of children of void and voidable marriages.

What is the effect of the non-obstante clause under Section 26(1)?

A child of a marriage void under Section 24 shall be legitimate if the child would have been legitimate had the marriage been valid.

To which marriages does Section 26(1) apply?

Marriages null and void under Section 24.

What is the status of a child under Section 26(1)?

The child shall be legitimate.

When does legitimacy apply under Section 26(1)?

Whether the child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

Does legitimacy under Section 26(1) depend upon grant of decree of nullity?

No.

Does Section 26(1) apply where marriage is held void otherwise than on a petition under this Act?

Yes.

What is the effect of decree of nullity in voidable marriage under Section 26(2)?

Any child begotten or conceived before the decree shall be deemed legitimate.

To which marriages does Section 26(2) apply?

Voidable marriages annulled under Section 25.

When must the child be begotten or conceived under Section 26(2)?

Before the decree is made.

What is the condition for legitimacy under Section 26(2)?

The child would have been legitimate if the marriage had been dissolved instead of annulled.

What is the status of such child under Section 26(2)?

The child shall be deemed to be the legitimate child of the parties.

What limitation is imposed under Section 26(3)?

No rights are conferred in the property of persons other than the parents.

To which children does Section 26(3) apply?

Children of marriages void under Section 24 or annulled under Section 25.

What type of rights are restricted under Section 26(3)?

Rights in or to the property of any person other than the parents.

When does the restriction under Section 26(3) operate?

Where but for this Act the child would have been incapable of possessing or acquiring such rights due to illegitimacy.

What is the basis of incapacity referred to in Section 26(3)?

The child not being the legitimate child of the parents.

What is the subject matter of Section 27?

Divorce.

To what is Section 27(1) subject?

The provisions of this Act and the rules made thereunder.

Who may present a petition for divorce under Section 27(1)?

Either the husband or the wife.

To which court may a petition for divorce under Section 27(1) be presented?

The district court.

What is the ground under Section 27(1)(a)?

The respondent has, after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse.

What is the ground under Section 27(1)(b)?

The respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding presentation of the petition.

What is the minimum period of desertion required under Section 27(1)(b)?

Two years immediately preceding presentation of the petition.

What is the ground under Section 27(1)(c)?

The respondent is undergoing a sentence of imprisonment for seven years or more for an offence defined in the BNS.

What is the minimum period of imprisonment under Section 27(1)(c)?

Seven years or more.

Under which law must the offence be defined for Section 27(1)(c)?

BNS

What is the ground under Section 27(1)(d)?

The respondent has treated the petitioner with cruelty since solemnization of marriage.

What is the ground under Section 27(1)(e)?

The respondent has been incurably of unsound mind or suffering continuously or intermittently from mental disorder of such kind and extent that the petitioner cannot reasonably be expected to live with the respondent.

What is meant by “mental disorder” under the Explanation to Section 27(1)(e)?

Mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind including schizophrenia.

What is included within “mental disorder” under the Explanation to Section 27(1)(e)(a)?

Schizophrenia.

What is meant by “psychopathic disorder” under the Explanation to Section 27(1)(e)(b)?

A persistent disorder or disability of mind resulting in abnormally aggressive or seriously irresponsible conduct.

Does psychopathic disorder under Section 27(1)(e)(b) require medical treatment?

It may or may not require or be susceptible to medical treatment.

What is the ground under Section 27(1)(f)?

The respondent has been suffering from venereal disease in a communicable form.

What is the ground under Section 27(1)(g)?

The respondent has been suffering from leprosy not contracted from the petitioner.

What is the condition regarding leprosy under Section 27(1)(g)?

The disease must not have been contracted from the petitioner.

What is the ground under Section 27(1)(h)?

The respondent has not been heard of as being alive for seven years or more by persons who would naturally have heard of the respondent if alive.

What is the required period under Section 27(1)(h)?

Seven years or more.

Who are relevant persons under Section 27(1)(h)?

Persons who would naturally have heard of the respondent if the respondent had been alive.

What is meant by “desertion” under the Explanation to Section 27(1)?

Desertion without reasonable cause and without consent or against the wish of the petitioner.

What is included within “desertion” under the Explanation to Section 27(1)?

Wilful neglect of the petitioner by the other party.

Against whose wish must desertion occur under the Explanation to Section 27(1)?

Against the wish of the petitioner.

What is the subject matter of Section 27(1A)?

Additional grounds on which a wife may present a petition for divorce.

Who may present a petition under Section 27(1A)?

A wife.

To which court may a petition under Section 27(1A) be presented?

The district court.

What is the ground under Section 27(1A)(i)?

The husband has, since solemnization of marriage, been guilty of rape, sodomy or bestiality.

What offences constitute grounds under Section 27(1A)(i)?

Rape, sodomy or bestiality.

What is the first requirement under Section 27(1A)(ii)?

A decree or order awarding maintenance to the wife has been passed against the husband.

Under which enactments may maintenance order or decree be passed under Section 27(1A)(ii)?

Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or Section 144 of the BNSS or corresponding Section 488 of the Code of Criminal Procedure, 1898.

What is the condition regarding residence of wife under Section 27(1A)(ii)?

Maintenance was awarded notwithstanding that she was living apart.

What is the additional condition under Section 27(1A)(ii)?

Cohabitation between the parties has not been resumed for one year or upwards since passing of decree or order.

What is the minimum period of non-resumption of cohabitation under Section 27(1A)(ii)?

One year or upwards.

What is the subject matter of Section 27(2)?

Divorce on non-resumption of cohabitation or restitution after decree.

To what is Section 27(2) subject?

The provisions of this Act and the rules made thereunder.

Who may present a petition under Section 27(2)?

Either party to the marriage.

To which marriages does Section 27(2) apply?

Marriages solemnized before or after commencement of the Special Marriage (Amendment) Act, 1970.

To which court may petition under Section 27(2) be presented?

The district court.

What is the ground under Section 27(2)(i)?

No resumption of cohabitation for one year or upwards after passing of decree for judicial separation.

What is the required period under Section 27(2)(i)?

One year or upwards.

In what proceeding must decree for judicial separation have been passed under Section 27(2)(i)?

A proceeding to which the parties were parties.

What is the ground under Section 27(2)(ii)?

No restitution of conjugal rights for one year or upwards after passing of decree for restitution of conjugal rights.

What is the required period under Section 27(2)(ii)?

One year or upwards.

In what proceeding must decree for restitution of conjugal rights have been passed under Section 27(2)(ii)?

A proceeding to which the parties were parties.

What is the subject matter of Section 27A?

Alternative relief in divorce proceedings.

In which proceedings does Section 27A apply?

Any proceeding under this Act on a petition for dissolution of marriage by decree of divorce.

What exception is provided under Section 27A?

The provision does not apply where the petition is founded on the ground mentioned in Section 27(1)(h).

Which ground under Section 27(1) is excluded from Section 27A?

Clause (h) of Section 27(1).

What power is conferred upon the court under Section 27A?

To pass a decree for judicial separation instead of decree of divorce.

What must the court consider before granting alternative relief under Section 27A?

Whether it is just to do so having regard to the circumstances of the case.

What decree may the court pass under Section 27A instead of divorce?

A decree for judicial separation.

What is the original relief sought in proceedings under Section 27A?

Dissolution of marriage by decree of divorce.

What is the subject matter of Section 28?

Divorce by mutual consent.

To what is Section 28(1) subject?

The provisions of this Act and the rules made thereunder.

Who may present a petition under Section 28(1)?

Both the parties together.

To which court may a petition under Section 28(1) be presented?

The district court.

What is the first condition under Section 28(1) for divorce by mutual consent?

The parties have been living separately for a period of one year or more.

What is the minimum period of separate living under Section 28(1)?

One year or more.

What is the second condition under Section 28(1)?

The parties have not been able to live together.

What is the third condition under Section 28(1)?

The parties have mutually agreed that the marriage should be dissolved.

When may motion under Section 28(2) be made?

Not earlier than six months after presentation of the petition and not later than eighteen months after that date.

What is the minimum waiting period under Section 28(2)?

Six months after presentation of the petition.

What is the maximum period for making motion under Section 28(2)?

Eighteen months after presentation of the petition.

What is the effect if the petition is withdrawn before motion under Section 28(2)?

The decree shall not be passed.

What must the district court do before granting decree under Section 28(2)?

Hear the parties and make such inquiry as it thinks fit.

What must the district court be satisfied about under Section 28(2)?

That a marriage has been solemnized under this Act and that the averments in the petition are true.

What decree may the district court pass under Section 28(2)?

A decree declaring the marriage to be dissolved.

From which date does dissolution take effect under Section 28(2)?

From the date of the decree.

What is the subject matter of Section 29?

Restriction on petitions for divorce during first one year after marriage.

What restriction is imposed under Section 29(1)?

No petition for divorce shall be presented unless one year has passed since the date of entering the certificate of marriage in the Marriage Certificate Book.

From which date is the one-year period under Section 29(1) calculated?

From the date of entering the certificate of marriage in the Marriage Certificate Book.

To which court is the restriction under Section 29(1) applicable?

The district court.

What exception is provided under the proviso to Section 29(1)?

The district court may allow presentation of petition before one year has passed.

On what grounds may leave be granted under the proviso to Section 29(1)?

Exceptional hardship suffered by the petitioner or exceptional depravity on the part of the respondent.

What may the district court do if leave was obtained by misrepresentation or concealment under the proviso to Section 29(1)?

It may postpone the effect of decree until expiry of one year from marriage or dismiss the petition.

What kind of misrepresentation is referred to under the proviso to Section 29(1)?

Misrepresentation or concealment of the nature of the case.

What condition may the district court impose on decree under the proviso to Section 29(1)?

That the decree shall not take effect until expiry of one year from the date of marriage.

What alternative power does the district court have under the proviso to Section 29(1)?

Dismiss the petition.

Does dismissal under the proviso to Section 29(1) bar a fresh petition after one year?

No.

On what facts may a fresh petition be brought after dismissal under the proviso to Section 29(1)?

The same or substantially the same facts.

What must the district court consider under Section 29(2) while disposing application for leave?

Interests of children of marriage and possibility of reconciliation.

What question regarding reconciliation must the district court consider under Section 29(2)?

Whether there is a reasonable probability of reconciliation before expiry of one year.

To what applications does Section 29(2) apply?

Applications for leave to present divorce petition before expiration of one year from marriage.

What is the subject matter of Section 30?

Remarriage of divorced persons.

When may either party marry again under Section 30?

Where marriage has been dissolved by a decree of divorce and conditions regarding appeal are satisfied.

What is the first condition under Section 30 for remarriage?

There is no right of appeal against the decree.

What is the second condition under Section 30 for remarriage?

The time for appealing has expired without an appeal having been presented.

What is the third condition under Section 30 for remarriage?

An appeal has been presented but has been dismissed.

Who may marry again under Section 30?

Either party to the marriage.

What must have happened to the marriage before remarriage under Section 30?

The marriage must have been dissolved by a decree of divorce.

What is the effect of dismissal of appeal under Section 30?

Either party may marry again.

CHAPTER VII

JURISDICTION AND PROCEDURE

What is the subject matter of Section 31?

Court to which petition should be made.

To which petitions does Section 31(1) apply?

Every petition under Chapter V or Chapter VI.

To which court shall petitions under Section 31(1) be presented?

The district court within the local limits of whose original civil jurisdiction specified conditions exist.

What is the first jurisdictional ground under Section 31(1)(i)?

The marriage was solemnized within jurisdiction.

What is the second jurisdictional ground under Section 31(1)(ii)?

The respondent resides within jurisdiction at the time of presentation of petition.

What is the third jurisdictional ground under Section 31(1)(iii)?

The parties last resided together within jurisdiction.

What additional jurisdictional ground is available to wife under Section 31(1)(iiia)?

Where the wife is residing on the date of presentation of the petition.

What is the jurisdictional ground under Section 31(1)(iv)?

The petitioner resides within jurisdiction where respondent resides outside territories to which the Act extends or has not been heard of as alive for seven years.

When can petitioner’s residence confer jurisdiction under Section 31(1)(iv)?

When respondent resides outside the territories to which the Act extends or has not been heard of as alive for seven years.

What is the required period under Section 31(1)(iv) regarding respondent not being heard of?

Seven years.

Who are relevant persons under Section 31(1)(iv) for hearing about respondent?

Persons who would naturally have heard of the respondent if alive.

What does Section 31(2) provide regarding jurisdiction?

The district court may entertain petition by a wife for nullity or divorce in specified circumstances.

To which petitions does Section 31(2) apply?

Petitions for nullity of marriage or divorce.

Who may invoke Section 31(2)?

A wife domiciled in territories to which this Act extends.

What residence requirement is prescribed under Section 31(2)?

Wife must be resident in the territories and ordinarily resident therein for three years immediately preceding presentation of petition.

What is the minimum ordinary residence period under Section 31(2)?

Three years immediately preceding presentation of petition.

What additional condition regarding husband is required under Section 31(2)?

Husband is not resident in the said territories.

Does Section 31(2) affect jurisdiction under Section 31(1)?

No, it is without prejudice to jurisdiction under Section 31(1).

What is the subject matter of Section 32?

Contents and verification of petitions.

To which petitions does Section 32(1) apply?

Every petition under Chapter V or Chapter VI.

What must every petition state under Section 32(1)?

The facts on which the claim to relief is founded.

How must facts be stated under Section 32(1)?

As distinctly as the nature of the case permits.

What additional statement must every petition contain under Section 32(1)?

That there is no collusion between the petitioner and the other party to the marriage.

What is required regarding collusion under Section 32(1)?

The petition must state that there is no collusion between the parties.

Who may verify the statements contained in petition under Section 32(2)?

The petitioner or some other competent person.

In what manner shall verification under Section 32(2) be made?

In the manner required by law for verification of plaints.

What may the verified statements in petition be referred to as at the hearing under Section 32(2)?

Evidence.

At what stage may verified statements be referred to as evidence under Section 32(2)?

At the hearing.

What is the subject matter of Section 33?

Proceedings to be in camera and may not be printed or published.

How shall every proceeding under this Act be conducted under Section 33(1)?

In camera.

What restriction is imposed under Section 33(1)?

No person shall print or publish any matter relating to proceedings under this Act.

What exception is provided under Section 33(1)?

A judgment of the High Court or Supreme Court may be printed or published with previous permission of the Court.

Which courts are mentioned in the exception under Section 33(1)?

The High Court and the Supreme Court.

What permission is required for printing or publishing judgments under Section 33(1)?

Previous permission of the Court.

What is the consequence of contravention under Section 33(2)?

The person shall be punishable with fine.

What is the maximum fine prescribed under Section 33(2)?

One thousand rupees.

When does punishment under Section 33(2) arise?

When any person prints or publishes matter in contravention of Section 33(1).

What type of punishment is prescribed under Section 33(2)?

Fine.

What is the subject matter of Section 34?

Duty of court in passing decrees.

To which proceedings does Section 34(1) apply?

Proceedings under Chapter V or Chapter VI.

Does Section 34(1) apply to defended and undefended proceedings?

Yes.

What must the court be satisfied about under Section 34(1)(a)?

That any of the grounds for granting relief exists.

What must the court be satisfied about under Section 34(1)(b) where petition is founded on Section 27(1)(a)?

The petitioner has not been accessory to, connived at or condoned the act of sexual intercourse.

What must the court be satisfied about under Section 34(1)(b) where cruelty is the ground?

The petitioner has not condoned the cruelty.

What must the court be satisfied about under Section 34(1)(c) in mutual consent divorce?

Consent has not been obtained by force, fraud or undue influence.

What must the court be satisfied about under Section 34(1)(d)?

The petition is not presented or prosecuted in collusion with the respondent.

What must the court be satisfied about under Section 34(1)(e)?

There has not been unnecessary or improper delay in instituting proceedings.

What must the court be satisfied about under Section 34(1)(f)?

There is no other legal ground why relief should not be granted.

What shall the court do under Section 34(1) upon satisfaction of statutory conditions?

Decree such relief accordingly.

What is the duty of the court under Section 34(2) before granting relief?

Make every endeavour to bring about reconciliation between the parties.

When must the court attempt reconciliation under Section 34(2)?

In the first instance and wherever possible consistently with nature and circumstances of the case.

What exception is provided in the proviso to Section 34(2)?

Reconciliation duty does not apply to proceedings under Section 27(1)(c), (e), (f), (g) and (h).

Which grounds under Section 27(1) are excluded from reconciliation efforts under the proviso to Section 34(2)?

Clauses (c), (e), (f), (g) and (h).

What power is conferred on the court under Section 34(3)?

Adjourn proceedings and refer matter for reconciliation.

For what maximum period may proceedings be adjourned under Section 34(3)?

Fifteen days.

To whom may the matter be referred under Section 34(3)?

Any person named by the parties or nominated by the court.

When may the court nominate a person under Section 34(3)?

When parties fail to name any person.

What directions may the court issue under Section 34(3)?

Directions to report whether reconciliation can be and has been effected.

What must the court consider under Section 34(3) while disposing proceedings?

The report regarding reconciliation.

What duty is imposed under Section 34(4)?

The court shall give a free copy of decree of divorce to each party.

When does Section 34(4) apply?

Where marriage is dissolved by a decree of divorce.

What cost is payable for copy of decree under Section 34(4)?

No cost.

What is the subject matter of Section 35?

Relief for respondent in divorce and other proceedings.

To which proceedings does Section 35 apply?

Proceedings for divorce, judicial separation or restitution of conjugal rights.

What may the respondent do under Section 35?

Oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion.

What additional right is conferred on respondent under Section 35?

Make a counter-claim for any relief under this Act.

On what grounds may respondent oppose relief under Section 35?

Petitioner’s adultery, cruelty or desertion.

On what grounds may respondent make counter-claim under Section 35?

Petitioner’s adultery, cruelty or desertion.

What must be proved before relief can be granted to respondent under Section 35?

Petitioner’s adultery, cruelty or desertion.

What relief may the court grant to respondent under Section 35?

Any relief under this Act to which respondent would have been entitled.

What is the condition for granting relief to respondent under Section 35?

The respondent would have been entitled to such relief if he or she had presented a petition on that ground.

Can respondent seek relief without presenting separate petition under Section 35?

Yes, by counter-claim.

What is the subject matter of Section 36?

Alimony pendente lite.

To which proceedings does Section 36 apply?

Proceedings under Chapter V or Chapter VI.

When may the district court grant relief under Section 36?

When the wife has no independent income sufficient for her support and necessary expenses of the proceeding.

What must the district court find regarding the wife under Section 36?

She has no independent income sufficient for support and necessary expenses of the proceeding.

Who may apply for relief under Section 36?

The wife.

What may the district court order under Section 36 regarding expenses?

The husband to pay expenses of the proceeding to the wife.

What periodic payment may the district court order under Section 36?

Weekly or monthly sum during the proceeding.

What factor must the court consider while fixing amount under Section 36?

The husband’s income.

What standard governs the amount under Section 36?

Such sum as may seem reasonable to the court.

For what duration may periodic payments under Section 36 continue?

During the proceeding.

What does the proviso to Section 36 provide?

Application for expenses and weekly or monthly sum shall, as far as possible, be disposed of within sixty days.

From which date is the sixty-day period under the proviso to Section 36 calculated?

From the date of service of notice on the husband.

What applications are covered under the proviso to Section 36?

Applications for payment of expenses and weekly or monthly sum during proceedings under Chapter V or Chapter VI.

What is the subject matter of Section 37?

Permanent alimony and maintenance.

Which courts may exercise powers under Section 37(1)?

Any court exercising jurisdiction under Chapter V or Chapter VI.

When may an order under Section 37(1) be passed?

At the time of passing any decree or at any time subsequent to the decree.

On whose application may the court act under Section 37(1)?

On application made for the purpose.

Against whom may an order under Section 37(1) be passed?

The husband.

For whose benefit may relief under Section 37(1) be granted?

The wife.

What may the husband be ordered to secure under Section 37(1)?

Maintenance and support of the wife.

How may maintenance and support be secured under Section 37(1)?

By a charge on the husband’s property, if necessary.

What forms of payment may be ordered under Section 37(1)?

Gross sum or monthly or periodical payment of money.

What is the maximum duration for periodical payment under Section 37(1)?

A term not exceeding the life of the wife.

What factors must the court consider under Section 37(1)?

Wife’s property, husband’s property, husband’s ability, conduct of parties and other circumstances of the case.

What standard governs the order under Section 37(1)?

Such order as may seem just to the court.

When may the district court act under Section 37(2)?

When there is a change in circumstances of either party after order under Section 37(1).

Who may invoke Section 37(2)?

Either party.

What powers does the district court have under Section 37(2)?

Vary, modify or rescind the order.

What standard governs exercise of powers under Section 37(2)?

Such manner as may seem just to the court.

What condition regarding wife is mentioned under Section 37(3)?

Wife has remarried or is not leading a chaste life.

Who may invoke Section 37(3)?

The husband.

What powers may the court exercise under Section 37(3)?

Vary, modify or rescind the order.

What standard governs orders under Section 37(3)?

Such manner as the court may deem just.

What is the subject matter of Section 38?

Custody of children.

To which proceedings does Section 38 apply?

Proceedings under Chapter V or Chapter VI.

What powers may the district court exercise under Section 38 during proceedings?

Pass interim orders and make provisions in the decree regarding custody, maintenance and education of minor children.

What matters relating to children are covered under Section 38?

Custody, maintenance and education of minor children.

What standard governs orders under Section 38?

Such orders as may seem just and proper to the court.

What consideration relating to children must be kept in view under Section 38?

Wishes of the children wherever possible.

Can the district court exercise powers after decree under Section 38?

Yes.

How may post-decree powers under Section 38 be invoked?

Upon application by petition.

What powers may the district court exercise after decree under Section 38?

Make, revoke, suspend or vary orders and provisions.

What orders may be altered after decree under Section 38?

Orders regarding custody, maintenance and education of minor children.

What fiction is created under Section 38 regarding post-decree powers?

Orders may be made as if proceedings were still pending.

What does the proviso to Section 38 provide?

Applications regarding maintenance and education of minor children during proceedings shall, as far as possible, be disposed of within sixty days.

From which date is the sixty-day period under the proviso to Section 38 calculated?

From the date of service of notice on the respondent.

To what applications does the proviso to Section 38 apply?

Applications regarding maintenance and education of minor children during proceedings under Chapter V or Chapter VI.

What is the subject matter of Section 39?

Appeals from decrees and orders.

Which decrees are appealable under Section 39(1)?

All decrees made by the court in proceedings under Chapter V or Chapter VI.

To what is appealability under Section 39(1) subject?

Sub-section (3).

How are decrees under Section 39(1) treated for appeal purposes?

As decrees made in exercise of original civil jurisdiction.

To which court does appeal lie under Section 39(1)?

The court to which appeals ordinarily lie from decisions given in exercise of original civil jurisdiction.

Which orders are appealable under Section 39(2)?

Orders under this Act under Section 37 or Section 38, if not interim orders.

Are interim orders appealable under Section 39(2)?

No.

To what is appealability under Section 39(2) subject?

Sub-section (3).

To which court does appeal lie under Section 39(2)?

The court to which appeals ordinarily lie from decisions given in exercise of original jurisdiction.

What restriction is imposed under Section 39(3)?

No appeal shall lie on the subject of costs only.

What is the limitation period under Section 39(4)?

Ninety days.

From which date is limitation under Section 39(4) calculated?

From the date of decree or order.

To which appeals does Section 39(4) apply?

Every appeal under Section 39.

What is the subject matter of Section 39A?

Enforcement of decrees and orders.

To which decrees and orders does Section 39A apply?

All decrees and orders made by the court in proceedings under Chapter V or Chapter VI.

How shall decrees and orders under Section 39A be enforced?

In the like manner as decrees and orders made in exercise of original civil jurisdiction are enforced.

Which decrees and orders are referred to for enforcement under Section 39A?

Decrees and orders of the court made in exercise of its original civil jurisdiction.

To which proceedings does Section 39A relate?

Proceedings under Chapter V or Chapter VI.

What is the mode of enforcement under Section 39A?

Same manner as enforcement of decrees and orders passed in exercise of original civil jurisdiction.

What is the subject matter of Section 40?

Application of Act 5 of 1908.

To what is Section 40 subject?

Other provisions contained in this Act and rules made by the High Court.

Which Act is referred to in Section 40?

The Code of Civil Procedure, 1908.

How shall proceedings under this Act be regulated under Section 40?

As far as may be, by the Code of Civil Procedure, 1908.

Who may make rules under Section 40?

The High Court.

To which proceedings does Section 40 apply?

All proceedings under this Act.

What is the extent of applicability of the Code of Civil Procedure under Section 40?

As far as may be.

What is the subject matter of Section 40A?

Power to transfer petitions in certain cases.

When does Section 40A(1) apply?

When one party files petition for judicial separation or divorce and the other party subsequently files another such petition.

What is the first requirement under Section 40A(1)(a)?

A petition under this Act has been presented praying for judicial separation under Section 23 or divorce under Section 27.

Who may present the first petition under Section 40A(1)(a)?

A party to the marriage.

What is the second requirement under Section 40A(1)(b)?

Another petition has thereafter been presented by the other party to the marriage.

What reliefs may be sought in subsequent petition under Section 40A(1)(b)?

Judicial separation under Section 23 or divorce under Section 27.

Can subsequent petition under Section 40A(1)(b) be presented on any ground?

Yes.

Where may the subsequent petition under Section 40A(1)(b) be presented?

In the same district court or a different district court in the same State or different State.

What is the consequence under Section 40A(1) when conditions are satisfied?

The petitions shall be dealt with as specified in Section 40A(2).

What happens under Section 40A(2)(a) when petitions are presented to the same district court?

Both petitions shall be tried and heard together by that district court.

What happens under Section 40A(2)(b) when petitions are presented to different district courts?

The later petition shall be transferred to the district court where earlier petition was presented.

How shall petitions be disposed of after transfer under Section 40A(2)(b)?

Both petitions shall be heard and disposed of together.

Which district court will hear both petitions under Section 40A(2)(b)?

The district court in which the earlier petition was presented.

Who may exercise transfer powers under Section 40A(3)?

The court or Government competent under the Code of Civil Procedure, 1908.

Under which law are transfer powers exercised under Section 40A(3)?

The Code of Civil Procedure, 1908.

Which petition is to be transferred under Section 40A(3)?

The later petition.

From which court is transfer made under Section 40A(3)?

The district court in which later petition has been presented.

To which court is transfer made under Section 40A(3)?

The district court in which earlier petition is pending.

How are transfer powers treated under Section 40A(3)?

As if empowered under the Code of Civil Procedure, 1908.

What is the subject matter of Section 40B?

Special provisions relating to trial and disposal of petitions under the Act.

How shall trial of petition under Section 40B(1) ordinarily proceed?

From day to day until conclusion.

To what is continuous trial under Section 40B(1) subject?

Practicability consistently with the interests of justice.

When may adjournment beyond the following day be granted under Section 40B(1)?

When necessary for reasons to be recorded.

What must the court record under Section 40B(1) while granting adjournment?

Reasons for adjournment.

How shall every petition under this Act be tried under Section 40B(2)?

As expeditiously as possible.

What endeavour is required under Section 40B(2)?

To conclude trial within six months from service of notice on respondent.

From which date is six-month period under Section 40B(2) calculated?

From the date of service of notice of petition on respondent.

How shall every appeal under this Act be heard under Section 40B(3)?

As expeditiously as possible.

What endeavour is required under Section 40B(3)?

To conclude hearing within three months from service of notice of appeal on respondent.

From which date is three-month period under Section 40B(3) calculated?

From the date of service of notice of appeal on respondent.

What is the subject matter of Section 40C?

Documentary evidence.

What is the effect of the non-obstante clause under Section 40C?

Documents shall not be inadmissible notwithstanding anything contained in any enactment to the contrary.

To which proceedings does Section 40C apply?

Proceedings at the trial of a petition under this Act.

On what ground shall a document not be inadmissible under Section 40C?

On the ground that it is not duly stamped or registered.

What defects are specifically mentioned in Section 40C?

Not being duly stamped or registered.

At what stage does Section 40C apply?

Trial of a petition under this Act.

What type of evidence is dealt with under Section 40C?

Documentary evidence.

What is the subject matter of Section 41?

Power of High Court to make rules regulating procedure.

What power is conferred on the High Court under Section 41(1)?

To make rules regulating procedure.

How shall the High Court make rules under Section 41(1)?

By notification in the Official Gazette.

With what must rules under Section 41(1) be consistent?

The provisions of this Act and the Code of Civil Procedure, 1908.

For what purpose may rules be made under Section 41(1)?

Carrying into effect the provisions of Chapters V, VI and VII.

Which Chapters are referred to in Section 41(1)?

Chapters V, VI and VII.

What does Section 41(2) provide?

Particular matters for which rules may provide.

What may rules provide under Section 41(2)(a)?

Impleading adulterer as co-respondent in divorce petition on ground of adultery and circumstances for excusing petitioner.

In which petitions is adulterer impleaded under Section 41(2)(a)?

Petition for divorce on ground of adultery.

What may rules provide regarding co-respondent under Section 41(2)(b)?

Awarding damages against co-respondent.

What may rules provide under Section 41(2)(c)?

Intervention in proceedings under Chapter V or Chapter VI by persons not already parties.

Who may intervene under Section 41(2)(c)?

Any person not already a party to proceedings.

To which proceedings does Section 41(2)(c) apply?

Proceedings under Chapter V or Chapter VI.

What may rules provide under Section 41(2)(d)?

Form and contents of petitions for nullity or divorce and payment of costs incurred by parties.

Which petitions are referred to in Section 41(2)(d)?

Petitions for nullity of marriage or divorce.

What additional matter is covered under Section 41(2)(d)?

Payment of costs incurred by parties to petitions.

What may rules provide under Section 41(2)(e)?

Matters for which no provision or insufficient provision exists in this Act and provision exists in the Indian Divorce Act, 1869.

Which Act is referred to in Section 41(2)(e)?

The Indian Divorce Act, 1869.

CHAPTER VIII

MISCELLANEOUS

What is the subject matter of Section 42?

Saving.

What does Section 42 provide regarding marriages not solemnized under this Act?

Their validity shall not be affected.

What does Section 42 provide regarding modes of contracting marriage?

The Act shall not be deemed directly or indirectly to affect their validity.

Does Section 42 affect validity of marriages not solemnized under this Act?

No.

Does Section 42 directly affect validity of any mode of contracting marriage?

No.

Does Section 42 indirectly affect validity of any mode of contracting marriage?

No.

What is preserved under Section 42?

Validity of marriages not solemnized under the Act and validity of modes of contracting marriage.

What is the subject matter of Section 43?

Penalty on married person marrying again under this Act.

To what is Section 43 subject?

Save as otherwise provided in Chapter III.

Who is covered under Section 43?

A person who, being already married, procures a marriage to be solemnized under this Act.

What is the effect on marriage solemnized under Section 43?

The marriage shall be void.

When does Section 43 apply?

When a married person procures another marriage to be solemnized under this Act.

What is the legal consequence under Section 43 apart from criminal liability?

The marriage solemnized shall be void.

What is the subject matter of Section 44?

Punishment of bigamy.

To whom does Section 44 apply?

Every person whose marriage is solemnized under this Act.

When does liability arise under Section 44?

When a person contracts another marriage during the lifetime of spouse.

Which BNS provisions are referred to in Section 44?

Sections 82 of the BNS.

For what offence are penalties imposed under Section 44?

Marrying again during the lifetime of husband or wife.

What is the effect of subsequent marriage contracted under Section 44?

The marriage shall be void.

During whose lifetime is subsequent marriage prohibited under Section 44?

During the lifetime of wife or husband.

What is the legal consequence apart from punishment under Section 44?

The subsequent marriage shall be void.

What is the subject matter of Section 45?

Penalty for signing false declaration or certificate.

Who is covered under Section 45?

Every person making, signing or attesting any declaration or certificate required by or under this Act.

What type of declaration or certificate is referred to in Section 45?

Declaration or certificate required by or under this Act.

What kind of statement attracts liability under Section 45?

A false statement.

What knowledge requirement is prescribed under Section 45?

The person knows or believes the statement to be false or does not believe it to be true.

Which BNS provision is referred to in Section 45?

Section 236 of the BNS.

Can attesting a false certificate attract liability under Section 45?

Yes.

Can signing a false declaration attract liability under Section 45?

Yes.

What mental element is necessary under Section 45?

Knowledge, belief of falsity, or absence of belief in truth.

What is the subject matter of Section 46?

Penalty for wrongful action of Marriage Officer.

Who is liable under Section 46?

Any Marriage Officer.

What mental element is required under Section 46?

Knowingly and wilfully solemnizing marriage in contravention of the Act.

What is the first ground of liability under Section 46(1)?

Solemnizing marriage without publishing notice as required by Section 5.

Which section regarding notice is referred to in Section 46(1)?

Section 5.

What is the second ground of liability under Section 46(2)?

Solemnizing marriage within thirty days of publication of notice.

What is the minimum waiting period violated under Section 46(2)?

Thirty days from publication of notice.

What is the third ground of liability under Section 46(3)?

Solemnizing marriage in contravention of any other provision of the Act.

What punishment is prescribed under Section 46?

Simple imprisonment, fine, or both.

What is the maximum imprisonment prescribed under Section 46?

One year.

What is the maximum fine prescribed under Section 46?

Five hundred rupees.

What type of imprisonment is prescribed under Section 46?

Simple imprisonment.

Can both imprisonment and fine be imposed under Section 46?

Yes.

What is the subject matter of Section 47?

Marriage Certificate Book to be open to inspection.

What does Section 47(1) provide regarding the Marriage Certificate Book?

It shall be open for inspection at all reasonable times.

At what times may the Marriage Certificate Book be inspected under Section 47(1)?

At all reasonable times.

What evidentiary value is given to the Marriage Certificate Book under Section 47(1)?

It shall be admissible as evidence of the statements contained therein.

What is admissible as evidence under Section 47(1)?

Statements contained in the Marriage Certificate Book.

What does Section 47(2) provide regarding certified extracts?

Certified extracts shall be given on application and payment of prescribed fee.

Who issues certified extracts under Section 47(2)?

The Marriage Officer.

To whom are certified extracts given under Section 47(2)?

The applicant.

What condition must be fulfilled for obtaining certified extracts under Section 47(2)?

Payment of prescribed fee.

What type of extracts are referred to in Section 47(2)?

Certified extracts from the Marriage Certificate Book.

What is the subject matter of Section 48?

Transmission of copies of entries in marriage records.

Who is required to send copies under Section 48?

Every Marriage Officer in a State.

To whom shall copies be sent under Section 48?

Registrar-General of Births, Deaths and Marriages of the State.

What shall be sent under Section 48?

True copy of all entries made in the Marriage Certificate Book.

In which book are entries referred to under Section 48 made?

Marriage Certificate Book.

At what intervals shall copies be sent under Section 48?

At such intervals as may be prescribed.

In what form shall copies be sent under Section 48?

In such form as may be prescribed.

What period do the entries under Section 48 relate to?

Entries made since the last of such intervals.

What special provision is made for Marriage Officers outside territories to which the Act extends?

True copies shall be sent to authority specified by Central Government.

Who specifies the authority for Marriage Officers outside territories to which the Act extends?

The Central Government.

What type of copy must be transmitted under Section 48?

True copy.

Which authority receives copies from Marriage Officers within a State under Section 48?

Registrar-General of Births, Deaths and Marriages of the State.

What is the subject matter of Section 49?

Correction of errors.

Who may correct errors under Section 49(1)?

Any Marriage Officer discovering an error in the Marriage Certificate Book.

What type of errors may be corrected under Section 49(1)?

Errors in form or substance of any entry in the Marriage Certificate Book.

Within what period may correction be made under Section 49(1)?

Within one month next after discovery of error.

In whose presence may correction be made under Section 49(1)?

In presence of persons married or, in case of death or absence, two other credible witnesses.

What alternative witnesses are permitted under Section 49(1)?

Two other credible witnesses in case of death or absence of persons married.

How shall correction be made under Section 49(1)?

By entry in the margin without alteration of original entry.

Can original entry be altered under Section 49(1)?

No.

What must the Marriage Officer do after making marginal entry under Section 49(1)?

Sign the marginal entry and add date of correction.

What additional duty is imposed on Marriage Officer under Section 49(1)?

Make like marginal entry in the certificate thereof.

What is required under Section 49(2)?

Every correction shall be attested by witnesses in whose presence it was made.

Who must attest corrections under Section 49(2)?

Witnesses in whose presence correction was made.

When does Section 49(3) apply?

Where copy of entry has already been sent under Section 48.

To whom may copies already have been sent under Section 49(3)?

Registrar-General or other authority.

What must the Marriage Officer send under Section 49(3)?

Separate certificate of original erroneous entry and marginal corrections.

In what manner shall certificate under Section 49(3) be sent?

In like manner as copies under Section 48.

What is the subject matter of Section 50?

Power to make rules.

Who may make rules under Section 50(1)?

The Central Government and the State Government.

In which cases may the Central Government make rules under Section 50(1)?

In the case of officers of the Central Government.

In which cases may the State Government make rules under Section 50(1)?

In all other cases.

How shall rules under Section 50(1) be made?

By notification in the Official Gazette.

For what purpose may rules be made under Section 50(1)?

Carrying out the purposes of this Act.

What does Section 50(2) provide?

Particular matters for which rules may provide.

Does Section 50(2) limit the general rule-making power?

No, it is without prejudice to generality of the foregoing power.

What may rules provide under Section 50(2)(a)?

Duties and powers of Marriage Officers and areas of their jurisdiction.

What authorities are referred to in Section 50(2)(a)?

Marriage Officers.

What jurisdictional matter may rules regulate under Section 50(2)(a)?

Areas in which Marriage Officers may exercise jurisdiction.

What may rules provide under Section 50(2)(b)?

Manner in which Marriage Officer may hold inquiries and procedure therefor.

What procedural matter may rules regulate under Section 50(2)(b)?

Procedure for inquiries under the Act.

What may rules provide under Section 50(2)(c)?

Form and manner in which books required by or under the Act shall be maintained.

What may rules provide under Section 50(2)(d)?

Fees leviable for performance of duties imposed on Marriage Officer under the Act.

For what may fees be levied under Section 50(2)(d)?

Performance of duties imposed upon Marriage Officer under the Act.

What may rules provide under Section 50(2)(e)?

Manner in which public notice shall be given under Section 16.

Which section is referred to in Section 50(2)(e)?

Section 16.

What may rules provide under Section 50(2)(f)?

Form and intervals for sending copies of entries in Marriage Certificate Book under Section 48.

Which section is referred to in Section 50(2)(f)?

Section 48.

What may rules provide under Section 50(2)(g)?

Any other matter which may be or requires to be prescribed.

What does Section 50(3) provide regarding rules made by Central Government?

They shall be laid before each House of Parliament.

When shall rules under Section 50(3) be laid before Parliament?

As soon as may be after they are made.

For what total period must rules under Section 50(3) lie before Parliament?

Thirty days.

Can the thirty-day period under Section 50(3) extend over multiple sessions?

Yes.

What may Parliament do under Section 50(3)?

Modify the rule or agree that the rule should not be made.

What is the effect if both Houses agree to modification under Section 50(3)?

Rule shall thereafter have effect only in modified form.

What is the effect if both Houses agree that rule should not be made under Section 50(3)?

Rule shall thereafter be of no effect.

What is protected despite modification or annulment under Section 50(3)?

Validity of anything previously done under the rule.

What does Section 50(4) provide regarding State Government rules?

They shall be laid before the State Legislature.

When shall State Government rules be laid before Legislature under Section 50(4)?

As soon as they are made.

What is the subject matter of Section 51?

Repeals and savings.

Which Act is repealed under Section 51(1)?

The Special Marriage Act, 1872.

What other laws are repealed under Section 51(1)?

Laws corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before commencement of this Act.

When must corresponding law have been in force for repeal under Section 51(1)?

Immediately before commencement of this Act.

What is the effect of repeal under Section 51(2)(a)?

Marriages solemnized under the Special Marriage Act, 1872 or corresponding law shall be deemed solemnized under this Act.

Which marriages are saved under Section 51(2)(a)?

All marriages duly solemnized under the Special Marriage Act, 1872 or corresponding law.

What legal fiction is created under Section 51(2)(a)?

Saved marriages shall be deemed to have been solemnized under this Act.

What is saved under Section 51(2)(b)?

Pending matrimonial suits and proceedings.

Which suits and proceedings are covered under Section 51(2)(b)?

Matrimonial causes and matters pending in any court when this Act comes into operation.

How shall pending suits and proceedings be dealt with under Section 51(2)(b)?

As if originally instituted under this Act.

Which court shall decide pending suits and proceedings under Section 51(2)(b)?

The court in which they are pending.

To what extent shall pending suits be dealt with under Section 51(2)(b)?

So far as may be.

What does Section 51(3) provide regarding Section 6 of the General Clauses Act, 1897?

Its provisions shall apply to repeal of corresponding law.

To what is Section 51(2) subject under Section 51(3)?

Without prejudice to Section 6 of the General Clauses Act, 1897.

How shall corresponding law be treated under Section 51(3)?

As if it had been an enactment.

Which enactment is referred to in Section 51(3)?

The General Clauses Act, 1897.