Bare Acts

CHAPTER III REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS


15. Registration of marriages celebrated in other forms.―Any marriage celebrated, whether
before or after the commencement of this Act, other than a marriage solemnized under the Special

1. Subs. by Act 33 of 1969, s. 29, for “outside the territories to which this Act extends in respect of an intended marriage outside
the said territories” (w.e.f. 31-8-1969).
8
Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage
Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:―
(a) a ceremony of marriage has been performed between the parties and they have .been living
together as husband and wife ever since;
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:
Provided that in the case of a marriage celebrated before the commencement of this Act, this
condition shall be subject to any law, custom or usage having the force of law governing each of them
which permits of a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not less
than thirty days immediately preceding the date on which the application is made to him for
registration of the marriage.
16. Procedure for registration.―Upon receipt of an application signed by both the parties to the
marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public
notice thereof in such manner as may be prescribed and after allowing a period of thirty days for
objections and after hearing any objection received within that period, shall, if satisfied that all the
conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage
Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the
parties to the marriage and by three witnesses.
17. Appeals from orders under section 16.―Any person aggrieved by any order of a Marriage
Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the
order, appeal against that order to the district court within the local limits of whose jurisdiction the
Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the
Marriage Officer to whom the application was made shall act in conformity with such decision.
18. Effect of registration of marriage under this Chapter.―Subject to the provisions contained in
sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage
Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a
marriage solemnized under this Act, and all children born after the date of the ceremony of marriage
(whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be
and always to have been the legitimate children of their parents:
Provided that nothing contained in this section shall be construed as conferring upon any such
children any rights in or to the property of any person other than their parents in any case where, but for
the passing of this Act, such children would have been incapable of possessing or acquiring any such
rights by reason of their not being the legitimate children of their parents. 

Back