 the christian marriage and matrimonial causes bill, 1962(as introducbd in lok ~awia on 22nd june, 1962)  arrangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions  chapter iiconditions for christian maluuagb 3 marriages between christians to be solemnized accordid, to act 4 conditions of marriage 5 consent of guardian in marriage  chapter iii solemnization of christian majouag18a-persons authorised to solemnize marriage 6 who may solemnize marriages 7 recognised churches 8 grant of licences to ministers of church to solemntze marriages 9 marriage registrars in india 10 marriage registrars outside india b-marriages before ministers of recognised churches 11 solemnization of marriages by ministers of recognised churches c-marriages before licensed ministers and marriage registrars 12 notice of intended marriage to licensed ministers, etc, end marriage notice book 13 procedure to be followed by licensed minister on receipt of notice 14 procedure to be followed by marriaae registrars on receipt of notice loii (b) ls-l cla" 15 issue of certificate of notice 16 objection to certificate 17 application to distrid court against decision on objection 18 procedure on receipt of objection by marriage registrar abroad 19 certificate not to be issued and marriage not to be solemnized in certain cases 20 solemnization of marriage by licensed minister 21 solemnization of marriage by marriage registrar 22 certi1lcate void: if marriage not solemnized within three months d-regtsmotion 01 marriage 23 certificate of marriage and registration  chapter iv restitution of conjugal rights 24 restitution chapter vjudicial separation 25 judioilll separation 26 eftect of judicial separation on duty to cohabit  cjiapter vinullity of marriage 27 void marriages 28 voidable marriages 29 legitimacy of children of certain void and voidable marriages  chapter vii djvoacsa-grouncb of divo'rce· 10; grounds of divorce 1-1 diwree after decree for judicial separation 32 no petition for divorce to be presented within three yean oj mudage b-re-mm-riage after dworce  re-marda,e of divorced persons  chapter vin jurisdiction and proteduu claubjai34 relief to be given to christians only 35 jurisdiction of indian courts 36 court to which petition to be made 37 contents and verification of petitions 38 application of code of civil procedure 39 duty of court before passing decree 40 adulterer or adulteress to be a co-respondent 41 relief to respondent in case of opposition to petition for divorce on certain grounds 42 decree nisi for divorce 43 damages from adulterer or adulteress 44 maintenance pendente lite and expenses of proceedings 45 permanent alimony and maintenance 46 disposal of property 47 custody of children 48 proceedings may be in camera and may not be pubuahed 49 appeals from decrees and orders 50 enforcement of decrees and orders  chapter ix penalties51 punishment of bigamy 52 punishment for contravention of certain other eondftlolll for marriage 53 penalty for false oath declaration, notice or eertlftrete for procuring marriage 54 false personation by person objecting to marriage 55 solemnizing marriage without due authority 56 penalty for not deciding objections within prescribed period or refusal to solemnize marriage 57 penalty for wrongful action of marriage registrar or minis ter, etc 58 destroying or falsifying marriage certificate books 59 penalty for publishing proc~ings held in camera 60 limitation for prosecutiolls  chapter x miscellaneous claus 61 liability for frivolous objections 62 savings regarding irregularities 83 correction of errors 64 solemnization of marriages by ministers of church in places sanctioned by custom or usage 85 marriage registrars to be deemed to be public servants 18 inspection of marriage notice book 87 inspection of marriage certificate book 68 certified copy to be evidence 69 language of notices and declarations 70 ministers of recognised churches not compelled to solemnize marriages contrary to the rules of the church '71 powers of marriage registrars in respect of inquiries 72 power to make rules 73 rules by the high court 74 savings regarding marriages solemnized before the act 75 savings for other marriages 76 repeal the first schedule-p,lohibited relationship the second schedule-form of notice of intended marriage the third schedule-form of certificate of notice the fourth schedule-drclaration to be made by the bridegroom-bride the fifth schedule-form of certificate of marriag& -- causes bill, 1962(as introduced in lok sabha) a bill to amend and codify the law relating to marriage and matrimoniai causes among christians be it enacted by parliament in the thirteenth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the christian marriage and matri- shorttitle monial causes act, 1962  := (2) it extends to the whole of india except the state of jammu menl and kashmir, and applies also to christians domiciled in the territories to which this act extends who are outside the said terri-10 tories - (3) section 7 shall come into force at once, and the remaining provisions of this act shall come into force on such date as the cent~al government may, by notification in the official gazette, appoint definitions, is 2 in this act, unless the context otherwise requires,-(a) "christian" means ea person professing the religion; christian (b) "church building" includes any chapel or other building generally used for public christian worship; (c) "desertion" means the withdrawal by one spouse, with· out reasonable cause and without the consent or against the wish of the other spouse, from cohabitation with the other spouse with the intention of bringing cohabitation permanently to an end; and its grammatical variations and cognate expressions shall s be construed accordingly; (d) "diplomatic officer" means an ambassador, envoy, minister, charge d' aifaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission; 10 (e) "district", in relation to a marriage registrar, means the area for which he is appointed as such under this act; (1) "district court" means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil is court which may be specified by the state government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act; (g) "india" means the territories to which this act ex ~~; ~ (h) "licensed minister" means a minister of church licensed under section 8 to solemnize marriages under this act; (i) "marriage registrar" means a marriage registrar appointed under section 9 or section 10; (;) "minister of a recognised church" means a minister of 25 any church which is a recognised cj;u1rch within the meaning of this act; (k) "minor" means a person who has not completed the age of eighteen years; - (1) "prescribed" means prescribed by rules made under this 30 act; (m) "prohibited relationship"-a man and any of the persons mentioned in part i of the first schedule, and a woman and any of the persons mentioned in part ii of the said schedule, are within prohibited relationship; 35 explanation-"relationship" includes,-(a) relationship by half or uterine blood as well as by full blood; (b) illegitimate blood relationship as well as legitimate; and all terms of relationship in this act shall be construed 40 accordingly; <'r> "recgfij111ec:\ church" means-(a) the church of rome, that is to say, the church; which regards the pope of rome as its spiritual head; (b) the church of india, burma and ceylon; 5 (c) the church of scotland as by law established; (d) any other church declared to be a recognis,~d churcl;t ~der section 7; (0) "registrar-general" means-10 (i) a registrar-general of births, deaths and marriages appointed under the births, deaths and marriages registration act, 1886, and (ii) in relation to any territories to which that act does not extend, an officer performing the functions of a registrar-general of births, deaths and marriages under any corresponding law in force in those territories; (p) "rule", in any expression denoting rules of any church includes a rite, ceremony or custom of that church  chapter ii conditions for christian marriage20 3 every marriage between persons both of whom are christians marriajet shall be solemnizea in accordance with the provisions of this act, ~i unless the same is solemnized under the provisions of the special to be lolell'-marriage act, 1954 :, ~~­act 4 a marriage may be solemnized between any two christians if <fnditi~n 25 the following conditions are fulfilled, namely: _ 0 mama~e (i) neither party has a spouse living at the time of the marriage; <ii) the parties are not within prohibited relationship, unless the custom governing each of them permits of a marriage 30 between the two; (iii) neither party is an idiot or a lunatic at the time of the  marriage; (tv) the bridpoom has completed the age of eighteen years and the bride the age of fifteen years at the time of the 35 marriage; (v) where the bride has not completed the age of eighteen years, the consent in writing of her guardien in marriage or the permission of thp district court under sub-section (4) of section 5, has been obtained for the marriage; and (vi) where the marriage is solemnized outside india, both s parties are domiciled in india coaledtof prdlanin marricc 5 (1) whenever the consent of a guardian in marriage is necessary for a bride under this act, the persons entitled to give such consent shall be the following in the order specified hereunder, namely:-10 - (a) the father; (b) the mother; (c) the paternal ~andfather; (d) the paternal grandmothtt:r; (e) the brother by full blood; as between brothers, the elder is being preferred; (f) the brother by half blood; as between brothers by halt blood, the elder being preferred: provided that the bride is living with him and is being brought up by him; 20 (g) the paternal uncle by full blood; ~ between paternal uncles, the elder being preferred; (h) the maternal grandfather; , (i) the maternal grandmother; (j) the maternal uncle by full blood; as between maternal 2s uncles, the elder being preferred: provided that the bride is living with him and is being brought up by him (2) no person shall be entitled to act as 6 guardian in marriage under sub-section (1) unless such person has himself completed the 30 age of twenty-one years (3) where any person entitled to be the guardian in marrfnge under sub-sectiob (1) refuses, or is for ~y cause unable or unfit, to act as such, the person next in order shall be entitled tn be the luardlan (f> where no inch person as is referred to in aub-secttod d,  uving and willing and able and fit to act as guardian in marrla, or where any guardian in ~rriage, without just cause, withholct his consent to the marriage, the permission of the district court shall s be necessary for the marriage of the bride   (5) the permission of the district court for the marriage of u bride under sub-section (4) may be applied for by a petition madie by the parties to the intended marriage (6) where such a petition is made the district court shail 10 examine the allegations of the petition in q summary manner add shall decide the matter after giving a reasonable opportunity to dut parties to be heard (7) the decision of the district court granting or refusing pitmission under sub-section (4) shall be final is (8) notwithstanding anything contained in sub-section (1), where any person has been appointed or declared by a court to be the guardian of the person of the bride, he alone shall be entitled to act as guardian in marriage (9) nothing in this section shall affect the jurisdiction of a court 20 to prohibit by injunction an intended marriage if, in the interests of the bride for whose marriage consent is required, the court thinb it necessary to do so  chapter iii solemnization or christian marriages a-persons authotised to solemnize marriagee marriages may be solemnized under this ac~ who  , iolcmn: (a) by any minister of a recognised church; awrilp' (b) by any minister of church licensed under section 8 to solemnize marriages; 30 (c) by, or in the  presence of, a marriage registrar appointed under section 9 or section 10 7 (1) for the purpose of advising the central government as res- ~ peets churches to be declared as recognised churches within the meaning of sub-clause (d) of clause (n) of section 2, the central gov-35 ernment shall, by notification in the official gazette, establish a committee consisting of such number of christians, not exceeding five, as the central government may think fit to appoint, and it shall be the duty of the committee to examine applications by churches for being declared to be recognised churches and to make recommedda-40 tions to the central government thereon 10511 (b) ls-2 (2) in making any recommendation to the central government under sub-section (1), the committee shall have regard to the following, among other metters, namely:-(i) whether the church is properly organised; (ii) whether the church is registered under any law for 5 the time being in force relating to the registration of socleu in general or religious societies in particular; (iii) whether the church has well-established rules for the solemnization of marriages; (iv) whether the church has proper places of worship; 10 (v) whether, according to the rules of the church, clergymen are ordinerily ordained to solemnize marriages; (vi) whether the strength or standing of the church is suell as to justify recognition being accorded thereto (3) the central government, after taking into consideration the js recommendations made by the committee under this section, ma7 by notification in the official gazette, declare any church to be - recognised church for the purposes of this act, and eny such notift· cation may also declare a group of churches belonging to any organisation or denomination to be recognised churches 20 urlldt of 8 the state government may, by notification in the oftlclal lmi~cetl to f gazette, grant licences to ministers of church to solemnize marriage 11-11 erl 0 church to within the whole or eny part of the state lolc:rnnize marriages marri~ie 9 (1) the state government may, by notification in the official lleailtran in gazette, appoint any person to be a marriage registrar for any 25 1dclia district (2) where there are more marriage registrars than one in any district, the stnte government shall appoint one of them to be the senior marriage registrar - (3) where there is only one marriage registrar in a district, and 30 such registrar is absent from the district or is ill or his otftce is temporarily vacant, any person authorised in this behalf by the state government, by general oz' speciel order, shall act as, and be, the marriage registrar of the district during such absence, illness or temporary vacancy 3s mani 10 for the purposes of this act in its application to christiana =~1::!l  domiciled in india who arp outside india, the central government may, by notification in the official gpzette,-(a) in the case of the state of jammu and kashmir, appoint such officers of the central government as it may think fit to be 40 the marriage registrar lor the state or any pert thereof; and (b) in the cue of any other country, place or area, appoint iuch diplomatic or consular officers as it may think fit to be the marriage registrars for the country, piece or area  b-marriages before ministers of recognised churches5 11 (1) marriages may be solemnized under this act by any ~oiemfi •• minister of a recognized church according to the rules of the church ~_ a::-of which he is a minister and in the presence of at least two wit- miniltc,rlct°c recognle nesses cburcac" (2) no such marriage shall be solemnized-10 (a) if the minister has reason to believe that the solemnization of the intended marriage would be contrary to the provisions of section 4; or (b) if any other lawful impediment be shown to the satisfaction of the minister why such marriage should nl)f; be is solemnized; or (c) unless a solemn declaration has been made before the minister in the form specified in the fourth schedule-(i) by the bridegroom, and (ii) by the bride, or, if she is a minor for whose mar-20 riage the consent of the guardian is required under this act, by the guardian on behalf of the bride  c-marriages be/me licensed ministers and marriage registrar  ,12 (1) when a marriage is intended to be solemnized qy a notice f licensed minister or by or in the presence of a marriage registrar, inte~ed 2s the parties to the rrmrriage shall give notice thereof in writing in the n::::r te form specified in the second schedule-ministcrs,cs etc, an (a) to the licensed minister whom they desire to solemnize ~ti:sebool the marriage, or 30 (b) to the marriage registrar of the district in which at least one of the parties to the marriage has renided for a period of thirty days immediately preceding the date on which such notice is given (2) where the bride m; a minor for whose marriage the consent of the guardian is required under this act, the notice to be given 3s under sub-section (1) shall be signed on behalf of the bride by the guardian (3) the licensed minister or the marriage registrar, as the case ~a1 b" shall keep all i\otices ,iven under sub-section (1) with th' records of his oolce and shall also forthwith enter a true copy 01 every such notice in a book prescribed for that purpose, to be called the marriage notice book t:=j9 13 where a notice under section 12 is given to a licensed minister, n,,::-naed he shall proceed as follows: -, te&' on receipt of qotklc (a) if the parties intending marriage desire it to be solem-il1zed in a partioular church building, and if the licensed minister be entitled to officiate therein, he shall cause the notice to be published by affixing a copy thereof to some conspicuous part of such church building; 10 (b) if he is not entitled to oft\ciate as a minister in such church building, he sha1l, notwithstanding anything contained in iub-section (3) of section 12, at his option, either return the notice to the person who delivered it to him, or deliver it to some other licensed minister entitled to oftlciate therein, who shall is thereupon act as if the notice were given by the parties to him under section 12j (c) if it is intended that the marriage shall be solemnized in a private building, the licensed minister, on receiving the notice under section 12, sha1l forward a copy thereof to the marriaae 20 registrar of the district, who shall cause it to be published by aftlxing it to some c(mspicuoub place in his own cftlcej (d) if the bride intending marriage is a minor, the licensed minister, on receiving the notice under section 12 shall, unless within twenty-four hours after its receipt h~ returns the same 25 under clause (b), send by post or otherwise a copy of such notice to the marriage registrar of the district, or, if there be more than one marriage registrar of the district, to the senior marriage registrar, and the marriage registrar or senior marriage registrar, as the case may be, on receiving any such copy, shall 30 aftlx it to some conspicuous place in his own oftice, and the latter eall further cause a copy of the said notice to be sent to each of the other marriage registrars in the same district, who shall likewise publish the same in the manner above directed procedure to 1" where the notice under section 12 is given to a marriage regls- 35 ~ ,, "modcweci trar, he shall proceed as follows:-artille e"ltia~ ctn (a) the marriage registrar shall cause the notice to be pub- ~:-: of limed by aftixing a copy thereof to some conspicuous place in his own ofbce; (b) if the bride is a minor, the marriage registrar shall, 40 within twenty-four hours after receiving the notice under sec- ~ -d, by post or otherwise, - c;dp)' of 1be notice to eaoia of the other marriage registrars, if any, in the same district, who hall atftx the copy to some conspicuous place in his own ofllce: (c) jf either of the parties intending marriage is not permanently residing within the local limits of the district of the s marriage registrar, the marriage registrar shall alsu cause a copy of such notice to be transmitted to the marriage registrar of the district within whose limits such party is permanently residing, and that marriage registrar shan thereupon causj! a copy thereof to be affixed to some conspicuous place in his own 10 office 15 (1) any licensed minister or marriage registrar consenting or j  of intending to solemnize any marriage under this act shau, on being ce~te of required so to do by or on behalf of either of the persons by whom the do ceo notice was given, issue under his hand a certificate of notice in the is form specified in the third schedule  (2) no such certificate shall be issued-(a) until the expiration of seven days from the date of publication of the notice or where the bride is a minor, until the expiration of twenty-one days from the said date; and 2<:' (b) unless a solemn declaration has been made before the licensed minister or the marriage registrar, as the case may be, in the form specified in the fourth schedule-(i) by the bridegroom, and (ii) by the bride, or, if she is a minor for whose marriage the consent of the guardian is required under this act, by the guardian on behalf of the bride 11 (1) any person may, before the expiration of seven days from objectlo1\ te the date on which any notice has been published under section 13 or c:ertitlcate section 14, make an objection in writing to the marriage on the 30 ground that it would contravene one or more of the conditions specifted in section 4 (2) if an objection is made under sub-section (1), the licensed minister or the marriage registrar shall not issue the certificate under section 15 unless he has inquired into the matter of the objec-35 tion and is satisfied that it ought not to prevent the issue of the certiftcate or the objection is withdrawn by the person making it (3) the licensed ministef or the marriage registrar shall not take more than thirty days from the date of the objection for the purpose of jnqu;ring into the matter of the objection and ardvins at a elect "'dod applicat;ion 11 (1) if the licensed minister or the marriage registrar faila to district t  t   b" t  t d d  it1-: court qainst 0 a,rnve a a declslon on an 0 lecbon 0 an in en e marriage w ,n di,rllc!l' od the period specified in sub-section (3) of section 16, or upholds such o ec:uon an objection a~d refuses to issue the certificate of notice of marriage, either party to the intended maniage may, within a period of twenty- s one days from the date of such refusal, apply by petition to' the district court (2) the district court may examine the allegations of the petition in a summary manner, and shall decide the matter after giving a reasonable opportunity to the parties to be heard' 10 (3) the decision of the district court on such petition shall be final, and the licensed minister or the marriage registrar shall act in conformity with the decision prooedare od 18 where an objection is made under section 18 to a marriage :::e~on :: registrar outside india in respect of an intended marriage outside is marriqe india, and the marriage registrar, after making such inquiry into :=-r the matter as he thinks fit, entertains a doubt in respect thereof he shall not solemnize the marriage but shall transmit the record to the central government with such statement respectine the matter as he thinks fit to make and the central government after makinlz 20 such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the marriage registrar, who shall act in conformity with the decision of the central government certilc:ate 19 no licensed minister or marriage registrar shall issue a cer- 25 b~~c~o ~t!t tificate of notice in respect of any marriage or solemnize any mar-di·liqe dot riage under this actto be iolem-d'zed in cer-(a) if he has reason to believe that the solemnization of the taa " intended marriage would be contrary to the provisions of section 4; or 30 (b) if any other lawful impediment be shown to his l!1ltlsfaction why such certificate should not be issued or such marriage should not be solemnized solemniza zoo mter the issue of the certificate of notice by the licensed don ~f r i- minister, the marriage may be solemnized between the persons 35 := jm:~~: therein described by the licensed minister according to such form or ceremony as obtains in the church to which the licensed minister belongs and in the presence of at'least two witnesses ~ojemruzfa 21 (1) mter the issue of the certificate of notice by the marriage tlon 0 marriqe b, registrar, the marriage may be solemnized between the persons 40 ~~=, therein descrfbecl by or in the presen~e of ~he marriae rectatzv accordinj to such form or ceremony as the parties think fit to adopt and in the presence of at least two witnessel: provided that the marriage shall not be complete and binding on the parties unless each party says to the other in the presence of s the marriage registrar and the witnesses and in any language understood by the partie&-"1, (ab) take thee (cd) to be my lawful wife (or husband)" (2) the marriage may be iolemnized-10 (a) at the office of the marriage registrar; or (b) at such other place in his district and within a reasonable distance from his office, as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed is 22 if a marriage is not solemnized within three months after the cerfftcat date· of the certificate issued by the licensed minister or the mar- :':r;!,e riage registrar under section 15, such certificate and all proceedings, dot soemif any, thereon shall be void, and no person shall proceed to solem-~:! w,thia nize the said marriage until a new notice has been given and the cer- montju zo tificate thereof issued in the manner provided in this chapter  d-registration of marriages23 (1) when the marriage has been solemnized, the minister of certificate of a recognised church or the licensed minister or the marriage ;~:::::i registrar, as the case may be, shall enter a certificate thereof in the 25 form specified in the fifth schedule in a book to be kept by him for that purpose and to be called the marriage certificate book, and such certificate shall be signed by the parties to the marriage and the witnesses (2) on a certitlcate being entered in the marriage certificate 30 book by the l\linister of a recognised church or the licensed minister or the marriage registrar, the certificate shan be deemed to be conclusive evidence of the fact that a marriage under this act hal been solemnized  (3) every minister of a recognised church, licensed minister or 3s marriage registrar in a state shall send to the registrar-general of that state, at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the marriage certificate book since the last of luch intervals  l' chapter iv restitution of con1ugal ilighdreatitutiod m (1) when either the husband or the wife haa, without reasonable excuse, withdrawn from the society of the other, the other party may apply by petition to the district court for restitution of 5 conjugal rights (2) nothing shall be pleaded in answer to such petition which would not be a ground for judicial separation or for nullity of marriage or for divorce (3) the court, on being satisfied of the truth of the statement 10 made in such petition, and that there is no legal ground why a decree of restitution of conjugal rights should not be granted, may decree restitution of conjugal rights accordingly  chapter vjuchc'1  puatiod judicial separation is 25 either party to a marriage, whether solemnized before or after the commencement of this act may present a pe~itiod praying for a decree for judicial separation on any of the grounds specified in section 30 ~ect r z6 (1) where a decree for judicial separation has been passed it 20 ~':t~': o~ shall no longer be obligatory for the petitioner to cohabit with the duty t!3 respondent cohabit (2) the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree where the parties have expressed a desire 25 to come together and to resume cohabitation or where ~or any other reason the court considers it just and reasonable to rescmd the decree chapter vi nullity of l\4ajuuagj: 30 void marri· 27 any marriage solemnized whether before or after the com- mencement of this act, shall be null and void and may, on a petition presented for the purpose, be so declared by a decree of nullity, if it contravenes the condition specified in clause (i) or clause (ii) of section 4 3s =-:: zs (1) any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-(a) that the marriage is in contravention of the condition specified in clause (iii) of section 4; or 40 (b) that the respondent was impotent at the time of the marriage and continued to be so till the institution of the proeeedjn,; or (e) that the codjellt of the petitioner, or where ,theconsent  ef the guanlian in marriage of the petitioner is required jldder clause c,,) of section ·4, the consent of, 8uch  iubrdian"was ·od-tained by force or fraud; or :5 (d) that the respondent was at the time of the marrial pregnant by some person other than the petitioner (2) any marriage solemnized after the commencement of this  act shall be voidable and may be annulled by a decree of nullity  on any of the· followmg: grounds, namely:-10 (a) that the marriage is in contravention of the condition : specified in clause (iv) of section 4; or (b) that the marriage of the petitioner being the wife, is in contravention of the condition specified in clause (e) of ,section 4 is (3) notwithstanding anything contained in sub-section (1), '110 petition for annulling a marriage-(a) on the ground specified in clause (e) ofsub-lectlon (1) shall be entertained, if-20 (i) the petition is presented more than one year after the force had ceased to operate or, as the case maybe, the fraud had been discovered; or ai) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-sedlon (1) shall be entertained, unless the court is satisfied-(i) that the petitioner was at the time of the marriage ignorant of the fads aueged; 30 i •• 1 (ii) that the proceedings have been instituted, in the case of a marriage solemnized before· the commencement of this act, within one year of such commencement and, in the case of a marriage solemnized after such commencement, within one year from the date of the marriage; and 35 (iii) that marital intercourse with the consent of tbe petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for 8 decree 10159 (b) l8--8 (4) notwithstanding anything contained in lub-lection (2), no petition for annulling a marriage under that lub-section shall be entertained if the petition is presented more than one year after the petitioner has completed the age of eighteen years !tti{:::: eccertaia void and widbl m  21 (1) where a marriage is null and void under section 27 by reason of the contravention of the condition specified in clause (i) or s clause (ii) of section 4, any child begotten or conceived before the marriage is declared to be null and void, who would have been the legitimate child of the parties to the marriage if the marriage had been valiel, shall be deemed to be their legitimate child notwithstand- 10 ing that the marriage i null and void (2) where a marriage is annulled by a decree of nullity under mction 28, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if the marriage had been dissolved instead of having been is annulled by a decree of nullity, shall be deemed to be their legitimate child notwithstanding the decree of nullity (3) nothing contained in this section shall be construed as cod-ferring upon any child 9f a marriage which is void or which is annulled by a decree of nullity any rights in or to the property of any 20 person other than the parents in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents  chapter vii divorce a-grounds of divorcea_dd of diyroe 30 (1) any marriage, solemnized whether before or after the commencement of this act, may, on a petition presented either by the husband or the wife, be dissolved by a decree of divorce on the 30 ground that the respondent-(i) has, since the solemnization of the marriage, committed adultery; or (ii) has ceased to be a christian by conversion to another religion; or  (m) has been incurably of unsound mind for a continuous 35 period of not les8 than three years immediately preceding the preiieiltation of the petition: or tlv) hal, for a period of not les8 than three years imiii tiitely preceding the presentation of the petition, been suffer   ing from a virulent and iiicurabie forin of leprosy; or (v) has, for a period of not less than three years imdie s diately preceding the preseritation of the petition, been suffering from venerf'al disease iri a communicable fonn; or (vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or 10 (vii) has wilfully refused to consummate the marriage, 8j1cl the marriap:e has not therefore been consummated; or (viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or is (ij:) has deserted the petitioner for a period of at least three years immediately preceding the presentation of the petition; or (:r:) has, since the solemnization of the marriage, treated the petitioner with cruelty 20 (2) a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality 31 where in respect of any marriage, solemnized whether be- divorce 25 fore or after the commencement of this act, a decree for judicial rer decree separation has been passed, and there has been no resumption of :rj~4:1 eohabitation as between the parties to the marriage for a period of two years or upwards after the passing of the decree, either party may, by an application in the proceeding in which the decree was 30 passed, pray for a dissolution of the marriage by a decree of divarce; and the court may, on being satisfied of the truth of the statements made in such application, pass a decree accordingly 32 (1) notwithstanding anything contained in this act, it shall no pctidoa not be competent for any court to entertain any petition for disso- for divorce ~$ lution of a marriage by a decree of divorce under section 30, unless =d~~ at the date of the presentation of the petition three years have r mj:ti elapsed since the date of the marriage:  provided that the court may grant leave to present a petition balor the said three years have elapsed if the court thinks a' 'to do so on the ground that the case is oire 6f exctij,ilorihl ;h~ip to the petitioner or of exceptional depravity on the ~part of the respondent; btitany slichle~v'e '~y, ih ;tlte !intere,ts of justice, be -revo~ed by the court at any time before~a~ec;ee nisi of divorce is  passed, and where the leave is so ;revoked, the court may dismiss 5 'the petition withoutprejudke to 'any petition which may' be brought after the expiration of the said three years upon the same ior substantially the same facts as those alleged in support of the 'petition so dismissed (2) in disposing of any application under this section for l~lc' to present a petition for divorce before the expiration of three yw8 from the date of 1he marriage, the court shall have regard to' the interests of any children of the marriage and to the question _ wh  ther there is a reasonable probability of a reconciliation between the parties before the expiration of the said three years 15 ;  b-re-m,«rriage after divorce matriaae of divorceo pcnoal 33 where a decree of divorce has been mada' ~lute under see-  tion 42 or a decree of divorce has been pas~ wlder section 31, and the time for appealing has expired witjw4t ally appeal having been : presented or an appeal has been pres~ted but has been dismissed 10; - and the decree of dismissal has become final, but not sooner, either party to the marriage may marry again  chapter viiijt1rlsdiction and procej)ij1le '-- :w nothing contained in this act shall authorise any court to 25 grant any relief under chapters iv to vii, except where-(4) both the parties to the marriage are christians at the time of the presentation of the petition; or (b) both the parties to the marriage were christians at the time of the marriage, and at least one of the parties is a 3c christian at the time of the presentation of the petition, or (c) the marriage was solemnized under any enactment repealed hereby, and at least one of the parties is a christian at the time of the presentation of the petition  35 nothing contained in this act shall authorise any court-juriadlctjoa etid4l8ia -b; (a) to make any decree of dissolution of marriage, except where-(i) the parties to the marriage are domiciled in india at the time of the presentation of the petition; or (ii) the petitioner, being the wife, was domiciled in india immediately before the marriage and has been residing in india for a period of not less than three years immediately preceding the presentation of the petition; s (b) to make any decree of nullity of marriage, except where-(i) the parties to the marriage are domiciled in india at the time of the presentation of the petition; or (ii) the marriage was solemnized under this act or 10 under any enactment repealed hereby, and the petitioner is either domiciled or residing in india at the time of the presentation of the petition; (c) to grant any other relief under chapters iv to vii, except where the petitioner is residing in india at the time of i s the presentation of the petition 31 (1) every petition under sub-section (5) of section 5 shall be colin presented to the district court within the local limits of whose ordi-== t nary civil jurisdictioh the bride resides be mad •• (2) every petition under section 17 shall be presented to the dis-20 trict court within the local limits of whose ordinary original civil jurisdiction the licensed minister discharges his functions or the oftlce of the marriage registrar is situate, as the case may be (3) every petition under chapters iv to vii shall be presented to the district court within the local limits of wboae oj:ginary original 25 civil jurisdiction-(4) the respondent is residing at the time of the presentation of the petition, or (b) the marriage was solemnized, or (c) the husband and wife last resided together, or 30 (d) the petitioner is residii?-g at the time of the presentation of the petition, provided the respondent is, at that time, residing outside india 37 (1) every petition presented under chapters iv to vii shall cant state as distinctly as the nature of the case permits the facts on ~d :~  3s which the claim to irelief is founded and shall also state that there u~t~ i 11' s no co uslon between the petitioner and the other party to the petl iodi marriage (2) the statements contained in every petition under chapters ]v to vii shall be verified by the petitioner or some other competent person in the inanner required by law for the verification of plaintii and may, at the hearing, be referred to as evidence applicatioli of code of civil proc:edua 38 subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code s of civil procedure, 1908 duty of 31 (1) in any proceeding under chapters iv to vn, whether ;!~fore defended or not, if the court is satisfied that-decree (a) any of the grounds for granting relief exists and the petitioner is not in any way taking· advantage of his or her own 10 wrong or disability for the purpose of such relief, and (b) where the ground of the petition is adultery, the petitioner haa not in any manner been accessory to or connived at or condoned the adultery, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the is cruelty, and (c) the petition is not presented or prosecuted in collusion with the respondent, and (do) there has not been any unnecessary or improper delay in instituting the proceeding, and  20 (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly ' (2) before proceeding to grant any relief under chapters iv to 25 vii, it shall be -the duty of the court in the first instance, in every case where it is possible 10 to do consistently with the nature and circumstances of the case, to make every endeavour to bdng about a reconciliation between the parties (3) for the purpose of aiding the court in bringing about such lo reconciliation, the court may, if the parties so desire or if it thinks it just and proper so to do, adjourn the proceeding and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether a reconciliation 35 can be, and has been, eftected, and shall, in disposing of the prdceeding, have due regard to the report adulterer er 40 (1) on a petition for divorce or judicial separation presented adult8rell on the ground of adultery the petitioner shall make the alleged :'=t adulterer or adultere a co-respondent, unin the petitioner 11 40 excuted by the court from so doin, on any of the followln, groulldl namely:-(a) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom tbe s adultery has been' committed: (b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made du· pfforts to discover it; (c) that the alleged adulterer or adulteress is dead; 10 (d) any other ground which the court may regard as suftlcient in the circumstances of the case (2) the provisions of sub-section (1) shau, so far as may be, apply in relation to the answer of a respondent praying for divorce or judicial separation on the ground of adultery, as they apply in 15 relation to a petition for divorce or judicial separation presented on tflat ground u if, in any proceeding for divorce ql' judicial separation, the rolief to re· respondent opposes the relief sought on the ground of the =ded~r petitioner's adultery, cruelty or desertion, the court may elve the ~poai~i~d 20 respondent the same relief to which he or she would have been f~r~\~o':e entitled if he or she had presented a petition seeking su~h relief on certain ground •• 42 (1) every decree for divorce under section 30 shall, in the die, nisi first instance, be a dectee nisi, not to be made absolute until after for divorce the expiration of six months from the pronouncing thereof, unless 25 the court axes a shorter time (z) after the pronouncing of the dectee nisi and before the decree is made absolute, any person may, by an application made in accordanee with such rules as may be made by the high court in that behalf, show cause why the decree should not be made absolute 30 by reason of the decree having been obtained by collusion or by reason of material facts not having been brought before the court and in any such case the court may make the decree absolute, reverse the dectee nisi, require further inquiry or otherwise deal with the case as the court thinks fit 35 (3) where a decree niri has been obtained and no application for the decree to be made absolute has been made within six months from the pronouncement of the decree nisi by the party who obtained the decree, then, at any time within three months from the expiration of the said six months, the party against whom the decree 40 nili hal been granted shall be at liberty to apply to the court and the court, on such application, may make the decree absolute, rnenethe acree nili, require further idquiry or otherwise pal with the case as the court thinks ftt dama,c 41 (1) a husband or wife may, on a petition for divorce or for !d:i judieial separation, claim damages fromanyperson on the mlound adui~: • or of adultery with the wife or husband of the petitioner s (2) the court may direct in what manner the damages recovered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the beneftt of the children, if any, of the marriage, or as a provision for the mainten- 10 ~anee of the wife, or husband maidtcna~ce 44 where in any proceeding under chapters iv to vii it appears :t'~~ to the,court 1ihat either the wife or the hu8band,as the case may be, of proceed- has no inciependentincomesufticient for her or his aupport and the id, neeeaury,upenses of the proceeding, it may,on the application of the wife or the husband, order the respondent to pay to the peti- is tioner the expenses of the proceeding, and monthly during the proceeding such sum, as, having regard to the petitioner's own income and' the income of the respondent, may seem to the court to be reasonable peiiiiailcllt :45 (1) any court exercising jurisdiction under chapters iv to 20 1~y ·and vii may, at the time of passing any decree or at any time subsequent iiwiltcaaac:c thereto, on application made to it for the purpose by either the wife or the 'hulband, as the case may be order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or luch monthly 2s or periodical sum for a term not exceeding the life of the applicant as ·having·regard ·to the respondent's own income and other pro-'perty, if any, the income and other property cf the applicant and the eon duct of ,the parties, may seem to the court to ,be just"and any 'iuch payment 'may ;be  secured, if nec8llary by ,a 'chuge on  the 30 immovable 'property of the respondent (z) if the court is satisfied that there is a change tn the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem 35 just (3) if the court is satisfled that the party in whose favour an order has been made under this section has remarried, or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with -any· womua 40 outside wedlock, it shall rescind the order 046 (1) in any proceeding· under chapter vi or chapter vii, the dispoul cf court may make such provisions in the decree as it deems just and property proper with respect to any property presented, at or about the time of the marriage, which may celong jointly to both the husband and s the wife (2) in any case in which the court pronounces a decree for divorce or nullity of marriage, the court may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make 10 such orders, with reference to the application of the whole or any part of the property so settled (whether the settlement is for the benefit of the children of the marriage or of the parties to the marriage or both), as the court thinks fit (3) the court shall not make any order under sub-section (2) is for the benefit of -the parents or either of them at the expense of the children; 47 in any proceeding under chapters iv to vii, the court may, ~~~~y of from time to time, pass such interim orders and make such provisions d in the decree as it may deem just and proper with respect to the 2:;: custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make, from time to time, all such orders and provisions with re-spect to the custody, maintenance and education of such children as might have been made 25 by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made 48 a proceeding under this act shall be conducted in camera if proc:eediop 30 either party so desires or if the court so thinks fit to do, and it shall :ay be ::: not be lawful for any person to print or publish any matter in rela- m::'~ be tion to such proceeding except with the previous permission of the published court 49 all decrees and orders made by the court in any proceeding appeals 35 under this act shall be appealable as decrees of the court made in fm: drree8 the exercise of its original civil jurisdiction and such appeal shall lie an or era to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction: provided that there shall be no appeal on the subject of costs only 40 50 all decrees and orders made by the court in any proceeding enforcement under this act shall be enforced in the like manner as the decrees ~d ~~ and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced 1059  (b) ls-4,  chapter ix p&naltuspunishment &1 every person whose marriage is solemnized under this act of bipmy and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in 5 section 494 and section 495 of the indian penal code for the offence  , r 116~ of marrying again during the lifetime of the husband or wife, and the marriage so contracted shall be void punishmedt 52 every person who procures a marriage of himself or herself ~~~ to be solemnized under this act in contravention of the conditlod8 10 =l~::er specified in clauses (ii) , (iv) and (v) of section" shall be punishfor muriaae able-(a) in the case of a contravention of the condition speciftr in clause (ii) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one 15 thousand rupees, or with both, (b) in the case of a contravention of the condition bpecifted in clause (iv) of section 4, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both, and 20 (c) in the case of a contravention of the condition specified in clause (v) of section 4, with fine which may extend to one thousand rupees penalty for false oath, declaration, notice or certificate for ~ mamaae· 53 whoever, for the purpose of procuring a marriage or licence of marriage, intentionally,-25 (a) where an oath or declaration is required by thil act, or by any church according to the rules of which a marriap 1& intended to be solemnized, makes a false oath or declaration, 01' (b) where a notice or certificate is required by this act, signs a false notice or certificate, 30 lhall be punishable with imprisonment for a tenn which may extend to three years and shall also be liable to fine pallo pers0-nation by penon objectiq to marriqe 54 whoever makes an objection to the issue, by a licensed mini&-ter or a marriage registrar, of a certificate, by falsely representing himself to be a person whose consent to the marriage is required 35 by law, knowing or believing such representation to be faile, or not having reason to believe it to be true, shall be deemed to be guilty of the offence described in section 205 of the indian penal code an~ allan be punishable accordin,ly ii whoever, not being authorised by section 6 to solemnize sol~nizinl marriages solemnizes or professes to solemnize under this act a :c!~ due marriage between persons who are christians, shall be punishable authority with imprisonment for a term which may extend to ten years, and s shall alld be liable to fine which may extend to two thousand rupees ii (1) whoever, being a licensed minister or a marriage penajty ~r regiatrar, in contravention of the provisions of sub-section (3) of ~~~ctfo~~dj section 16 wilfully or without just cause takes more than thirty within'b d days from the date of any objection to an intended marriage for the =~ ~r 10 purpole of inquiring into the matter of the objection and arriving ~ to at a decision, shall be punishable with fine which may extend to five :ria:' hundred rupee! (2) whoever, bein, a licensed minister or a marriage registrar, refuses, without just cause, to solemnize a marriage under this act, 15 shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both 20 st whoever, being authorized under this act to solemnize a penalty for marriage, knowingly and wilfully-::r:f::j marriaae (4) solemnizes such marriage-repltrar or minister (i) without publishing a notice regarding such marriage etc as required by any provision of this act, or (ii) in contravention of any other provision contained in this act or %5 (b) issues any certificate in contravention of any provision eontained in this act, shan be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both 30 51 whoever, by himself or another, wilfully destroys or injures destroying any marriage certificate book or any part thereof or any authenti- er fal~ifyi11l cated extract therefrom, or falsely makes or counterfeits any part of ~~~e such book, or wilfully inserts any false entry in any such book boob or authenticated extract, shall be punishable with imprisonment for 35 a term which may extend to seven years and shall also be liable to fine which may extend to two thousand rupees  • any person who prints or publishes any matter in contra- pon~!:hfor ventfon of the provisions contained in section 48 shall be punishable gu~~ with flne which may extend to one thousand rupees hold in e_a limitation f or prosecutions 60 no prosecution for any oftence punishable under section 52, section 53, section 54, section 55, section 56,· section 57, secti(,u158 01' section 59 shall be instituted after the expiry of two years from· the date on which the offence is committed  chapter x miscellaneousl~ability for 61 (1) where any person makes an objection against the issue frivoioul f t·ft t f t' f  d th ma' r' tr objectiodi 0 any cer i ca e 0 no ice 0 marriage an e rrlage egls ar under section 16, or the district court under sub-section (4) of section 5 or under section 17, declares that the objection is not reason·, 10 able and has not been made in good faith, the marriage registrar or the district court, as the case may be, may, after giving such person a reasonable opportunity of being heard, award, by way of compensation, costs, not exceeding one thousand rupees, to the parties to the intended marriage is (2) any person aggrieved by an order of the marriage registrar or the district court under sub-section (1) may, within a period of thirty days from the date of the order, appeal to the district court or the high court, as the case may be (3) subject to any order passed on appeal under sub-section (2), 20 the order of the marriage registrar or the district court under subsection (1 ) shall be final (4) any order of costs made under sub-section (1) may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the otftee 'of tile marriage 2s registrar is situate savill" reprdina irrebui_riliel 62 whenever any marriage has been solemnized between two christians under this act in accordance with the provisions· of this act, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely: -30 (i) any statement made in regard to the dwelling  place of the persons married: (ii) the notice of the marriage; (iii) the certificate of the notice of the marriage or translation thereof;  3s (iv) the registration of the marriage correction 63 (1) any person authorised to solemnize a marriage up~r of errora this act, who discovers any error in the form or substance of any entry in the marriage certificate book may, within one month next after the discovery of such error, in the presence of the penons 40 (aarried, or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin, without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction s (2) every correction made under this section shall be attested by the witnesses in whose presence it was made (3) where a copy of any entry has already been sent under subsection (3) of section 23 to the registrar-general such person shall make and send in like manner a separate certificate of the original 10 erroneous entry and of the marginal corrections therein made is 64 subject to the other provisions contained in this act, a mar- ~olcmniza­riage under this act may be solemnized by a minister of a recog- ~~~~b~arnised church or a licensed minister-miniaten of church (a) in a church building, or in pja~s sanctioned (b) in any other place agreed upon between the parties to by cultom the marriage, if solemnization at such place is in accordance or usage with the custom or usage applicable to the community to which the parties to the marriage belong of 1860 is every marriage registrar shall be deemed to be a public ~r~iqe 20 servant within the meaning of section 21 of the indian penal code toe~ite::n_ cd to be public servantl 66 the marriage notice book shall be open for inspection at all i~~ction remonable times, without fee, by any person desirous of inspecting notic:nagc the same book 17 (1) th marriage certificate book kept under this act shall !f~e:~f:ge 25 at all reasonable times be open for inspection and shall ,be admissible cortiticate as evidence of the statements therein contained book: (2) certified extracts from the marriage certificate book shall, on applieation, be given by the person who solemnized the marriage or other penon having the custody for the time being of the marriage 30 certificate book, to any person who applies for the same (3) inspection of the marriage certificate book under sub-section (1) and the grant of certified extracts therefrom under sub-section (2) shall be-(a) without fee, if applied for by the parties to the marriage 3~ at or about the time of the marriage, (b) subject to the payment of the prescribed fees in other cases 88; every certified copy, purporting to be signed by the person certified entrusted under this act with the custody of any marriage certificate ~~l:c~e book, of an entry of a marriage in such book shall be received in evidence without production or proof of the original laoauaac of notic:es and dec:l· ntioo& 69 (1) any notice to be given or declaration to be made by any person in respect of an intended marriage under this act may be given or made in a language commonly in use in the state or the part j of state in which the notice is given or declaration made; or in english (2) every person solemnizing a marriage under this act shall satisfy himself that the parties to the marriage have understood the contents of the notice given and the declaration made by each of them, 10 and (where a certificate of notice of marriage is required to be issued under this act) of the certificate of notice of marriage issued for the marriage ~:istc~lcd 70 no minister of a recognised church shall be compelled to chu:s solemnize any marriage, the solemnization of which would be con- i, :c'11~~ trary to the rules of the church of which he is a minister lolemnizc marriages contrary to the rules of the church powerl of marriagc rcgistrars inreapec:t of inquirics 71 for the purpose of any inquiry under this act, the marrtale registrar shall have all the powers vested in a civil court under the· code of civil procedure 1908, when trying a suit in respect of the ~ or 1901 following matters, namely:-20 powcrto iii8ke nlea (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and inspection; (c) compelling the production of documents; (d) reception of evidence on aftldavits; and 25 (e) issuing commissions for the examination of witnesses: and any proceeding before the marriage registrar shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code 4' or i'" explananon-for the purpose of enforcing the attendance of any 30 person to give evidence, the local limits of the jurisdiction of the marriage registrar shall be the local limits of his district 72 (1) the central government may by notiftcation in the ofticial gazette, make rules for carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the" foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the duties and powers of marriage registrars and the areas in which they may exercise jurilkiicti()ll; (b) the manner in which a marriage registrar may hold inquiries under this act, and the procedure therefor; s (c) the form and manner in which any books required by or under this act shall be maintained; (d) the fees that may be levied for the performance of any duty imposed upon any person under this act; 10 i~ {~ t: "' is (e) the conditions under which licences to solemnize marriages may be issued by the state government, and the circumstances under which they may be revoked; (f> the surrender of such licences on the expiry thereof by revocation or otherwise; (9) the procedure to be followed by the committee constituted under section 7; (h) the form in which, and the intervals within which, copies of entries 1n the marriage certificate book shall be sent to the registrar-general; (i) any other matter which may be, or requires to be, prescribed (3) every rule made under this section shall be laid, as soon as 20 may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may b,' comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both 25 houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that gny such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 30 73 the high court may, by notification in the official gazette, rul b make such rules consistent with the provisions contained in this act the;~ as it may consider expedient for the purpose of regulating the proce- court dure to be followed in petitions under sub-section (5) of section 5 or under section 17, and for the purpose of carrying into effect the provi-3s sions of chapters iv to vii 7 a marriage solemnized before the commencement of this act, savin s which is otherwise valid, shall not be det"medto be invalid merely relar~inl by reason of any provision contained in this act :t:f:s before the 75 nothing in this act shall affect the ,provisions of the special act  " marriage act, 1954, or apply to any marlage solemnized under that sthavinls toi -0 er act marrj  _ 4 of 1889 15 of 1872 16 & 17 geo5c 403&4 geo 8 c 5 359&10 geo 6, cb 76 (1) the indian divorce act, 1869, the indian christian marriage act, 1872 the indian and colonial divorce jurisdiction act, 1926, the indian and colonial divorce jurisdiction act, 1940, the indian divorce act, 1945, and any enactment corresponding to the indian christian marriage act, 1872, in force in the territories which, immediately before the first day of november, 1956, were comprised in the states of travancore-cochin and manipur, are hereby repealed (2) notwithstanding such repeal-(a) all marriages duly solemnized under the indian christian marriage act, 1872, or any such corresponding enactment, 10 15 of 1872 shall be deemed to have been solemnized under this act; ~i"i sr''6 (b) all suits and proceedings in causes and matters matrimonial which, when this act comes into force, are pending in any court under the indian divorce act, 1869, or under the indian and 4 of 1869 ,'" colonial divorce jurisdiction act, 1926, or under the indian and '5 ~e~ ~'7 c colonial divorce jurisdiction act, 1940, or under the indian 403&4 christian marriage act, 1872, or any such corresponding enact-~~~·56:: ment, shall be dealt with and decided by such court as if this 1872 act had not been passed (3) the provisions of sub-section (2) shall be without prejudice 20 to the provisions contained in section 6 of the general clauses act, 10 of 1897 1897, which shall also apply to the repeal of the indian and colonial 16 & 17 divorce jurisdiction act, hi26, the indian and colonial divorce ~~~:4c  jurisdiction act, 1940 the lndian divorce act, 1945 and any such geo 6, c corresponalnje enactment 25 ~ ~ ~ -  prohibited relationship part i| 1                | mother                                                ||--------------------|--------------------------------------------------------|| 5                  |                                                        || 10                 |                                                        || 2                 | father's widow (step-mother)                          || 3                 | mother's mother                                       || 4                 | mother's father's widow (step grand-mother)           || 5                 | father's mother                                       || 6                 | father's father's widow (step grand-mother)           || 7                 | daughter                                              || s                 | son's widow                                           || 9                 | daughter's daughter                                   || 10                | daughter's son's widow                                || is                 |                                                        || 11                | son's daughter                                        || 12                | son's son's widow                                     || 13                | sister                                                || 14                | wife's daughter (step-daughter)                       || 15                | wife's mother                                         || 20                 |                                                        || 16                | wife's son's daughter (step-son's daughter)           || 17                | wife's daughter's daughter (step-daugnter's daughter) || 18                | wife's father's mother                                || 19                | wife's mother's mother                                || ezplanation-for   | the                                                    || 25                 |                                                        || ·widow" includes a |                                                        || divorc~d           |                                                        || wife              |                                                        || partn              |                                                        || 20                | father                                                || 21                | mother's husband (step-father)                        || 22                | father's father                                       || 3                  |                                                        || 0                  |                                                        || 23                | father's mother's husband (step grand-father)         || 24                | mother's father                                       || 25                | mother's mother's husband (step grand-father)         || 28                | son                                                   || 27                | daughter's husband                                    || 35                 |                                                        || 28                | son's son                                             || 29                | son's daughter's husband                              || 30                | daughter's son                                        || 31                | daughter's daughter's husband                         || 32                | brother                                               || 33                | husband's father                                      || 34                | husband's son (step-son)                              | 1~9(b) ls-a35 husband's son's son (step-son' lion) 36 husband's daughter's son (step-ciaughter' ion) 37 husband's father's father 38 husband's mother's father explanation-for the purposes eyf this }jart, the expression s "husband" includes a divorced husband  the second schedule[see section 12 (1)] form of notice of intended marriage to the [licensed minister]-we hereby give you notice that a marriage under the christian marriage and matrimonial causes act, 1962, is intended to be solemnized between us within three calendar months from the date is hereof i place dwellidi place, if present dwelling place dot chapel or place or worsblp in whi~mar-abi unmarried widower divorcee cd unmarried widow divorcee witness our hands, this   day of  " 19   (sd) ab (sd) cd nqj'e-in the case of a minor bride for whose marriage the codhllt of her guardian is required, the guardian should sign an her behalf   [see section 15 (1)] form of certificate of noticbi,  do· hereby certify that, on the  day of  , notice 5 was duly entered in my marriage notice book of the marriage intended between the parties therein named and described, delivered under the hand of both the parties, that is to say,-name condition occupa-date of dwelltion binh ina place dweuinf rcsi cnce chapel or place, i place of present dwc:llina which marplace not riaf i8 to permanent be lolemnisolemnized) ab unmarried 20 widower divorcee cn unmarried widow 'divorcee 25 and that the declaration required by section·  of the christian marriage and matrimonial causes act, 1962, -has been duly made by the said   date of notice entered   date of certificate given   30 witness my hand, this  day of   19   this certificate will be void' unless the marriage is solemnized on or before the  day of  19   3s licensed ministert marriage registrart to be filled up t8uib off wbat i inapplicable  [see sections 11 (2) (c) and 15 (2) (b) j  declaration to be made by the bridegroomt, ab, hereby declare as fo~lows:-1 i am at the present time unmarried (or a widower or i) s divorcee, as the case may be) 2 i have completed  years of age  - 3 i am not related to cd (the bride) within the prohibited relationship 10 4 i am a christian 5 i am aware that, if any statement in this declaration is false, i am liable to imprisonment and also to fine (sd) a b (the bridegroom)  declaration to be made by the bridei, cd, hereby declare as follows:-is 1 i am at the present time unmarried (or a widow or a divorcee, as the case may be) 2 i have completed  years of age 3 i am not related to ab (the bridegroom) within the ~rohibited relationship 20 4 i am a christian i consent of my guardian in marriage, shri  hal been obtained to my proposed marriage with ab· strike off if not applicable if in lieu af guardian' consent, pennission of the diltric:t court hal boed obtaidocl ltate 10 pving full particulars relatina thereto t i am aware that, if any statement in this declaration is fatee, i am liable to imprisonment and also to fine  - (sd) cd (the bride): note-in the case of a minor bride for whose marriage the s consent of her guardian is required, the guardian should sign on her behalf signed in our presence by the above-named ab and cd so far as we are aware there is no lawful impediment to the marriage (sd) gh 10 (sd) ij } two witnesses (countersigned) ef minister of a recognised church-licensed minister- marriage registrar---is dated the day of 19  -strike otr what is inapplicable  the fifth schedule [see section 23 (1)] form of certificate of marriage20 i ef, hereby certify that on the  day of   19  ab and cd" appeared before me and that the declaration required by sectiont                  of the christian marriage and matrimonial causes act, 1962, was duly made, 3nd t~at a marriage under that act was solemnized between them in my presence and in the presence of two witnesses who have signed hereunder - (sd) ef minister of a recognised church· licensed minister· s marriage registrar· (sci) ab bridegroom (sci) cd bride 10 (sci) gh (sci) ij dated the l two witn8b1e • f 18 - dau of ·strike off what i inapplicable  statement of objects and reasonsthis bill seeks to amend and codify the law relating to marriage and matrimonial causes amongst christians in india on the lines recommended by the law commission in its fifteenth and twentysecond reports the commission dealt with the subject in its fifteenth report and thereafter a bill giving effect to the recommendations in that report was circulated by the commission for public opinion and the twenty-second report contains its final recommendations on the subject 2 the notes on clauses explain the salient provisions of the bill new delhi; the 15th june, 1962 asoke k sen clause i-the territorial operation of the act will secure that it applies to all marriages solemnized within india (except the shte of jammu and kashmir) while in its extra-territoriel operation it will also apply to christians domiciled in india who are outside the said territories clause 1 (3) provides for section 7 coming into force at once 80 that, if it is necessary to do so, the requisite machinery may be set up in advanc~ for the recognition of churches, the ministers of which would autometically be entitled to sclemnize marriages clause 2-the definition of "church building" is new and has been included in order to avoid confusion between the church as denoting the organization and the church as denoting the place of worship "desertion"-an intention on the part of the deserting spouse to forsake or abandon the other spouse is an essential ingredient of desertion and the definition of "desertion" contained in the hindu marriage act, 1955, and the special marriage act, 1954, has been suitably revised in order to bring out all the ingredients of desertion more clearly factual separation has been brought out by the' words "withdrawal by one spouse from cohabitation with the other spouse" 44minor"-the definition of "minor" in the christian marrfoage act, 1872, has been modified by substituting the age of 18 years for the age of 21 years in conformity with the general law the exception in the case of widowers and widows has been omitted since even widowers and widows, if minor, should be subject to the special provisions applicable to minors "recognised church"-ministers of recognised churches would automatically be entitled to solemnize marriages·, and this exprrssion is defined to include the churches specified in the existi ~ g act, namely, the church of rome, the church of india, burma and ceylon and the church of scotland and also to include any other church which may hereafter be recognised under clause 7 clause 3-in conformity with other similar laws on the subject of marriage the scope of the bill is limited to cases where both the parties are christians marriajles solemnized under the special marriaj;!e act, 1954, have necessarily to be excluded from the scope of this law it is not' necessary to expressly provide that marriages solemnized otherwise than in accordance with the prqvisions of this act shall be void clause 4 lays down the conditions for a valid christian marriage it is to a large extent based on the correspondinf! provisions in the-hindu marriage act, 1955, and the special marriage act, 1954 the lists of prohibited relationships are, however, made as short as possible so that the need for dispensation from any extraneous source does not arise the necessary exception in favour of custom, as in the hindu marriage act; 1955, has also been made care has, however, been taken to ensure that no minister of a recognised church is required to solemnize a marriage which is contrary to the rules of his church (clause 70) clause 5-this clause is intended to be a complete code relating to guardians in marriage although based on the corresponding provision in the hindu marriage act, 1955, it makes important departures therefrom the list of guardians is made as comprehensive as possible and the procedure for obtaining the consent of the district court, wherever necessary is also laid down clauses 6, 7, 8 and 9-marriages under the new law can be solemnized in three modes, (1) by or before the marriage registrar (which is a civil marrmge), (2) by ministers of recognized churches, and (3) by ministers licensed by the state-the two latter being sacramental marriages churches referred to in section 3 of the christian marriage act, 1872, namely, the church of rome, the church of india, burma and ceylon and the church of scotland will autom3tically become reccgnised churches under this law while the provi!lfon contained in this clause will enable new churches which nre in the process of formation or have been formed in the mean time and which satisfy the prescribed condition!; to obtain recognition a committee of christians rappointed by the central government under clause 7 will recommend to the central government which churches should be recognised for the purpose other ministers of church will be licensed under clause 8 clause 10-since the new act wi1l apply to persons domidled outside india, it is necessary to provide for the appointment of marriage registrars outside india  clause ll-since the proposed conditions of marriage will apply to all marriages solemnized under the act, sub-clause (2) seeks to 1059 (b) 1s-6 impose a specific obligation' cn all persons solemnizing marriall!es under the act to see that the conditions for marriage are fulfilled: that there is no lawful impediment to the marriage; and that the parties make a declaration to that effect clauses 12 to 22-these clauses deal with the procedure to be followecl by licensed ministe'rs and marriage registranl and are nodelled on the previsions in that behalf contained in the existing act and the special marriage act, 1954 wherever necessary, the lime limits prescribed for some specific action to be inken hat:; been ~nlarged in clause 20 it is provided that the licensed minister in 601emnizing marriages should follow the rules ef the church to which he belongs instead- of the matter being left to his choice as at present clause 23-the provisions regarding registration of marriages which occupy 13 sections in the existing act have been put here in a simplified and brief form a uniform procedure has been applied to all marriages under the act this provision is modelled on the corresponding provision in the special marriage act, 1954 clause 24-this clause reproduces the existing provision fer restitution of conjugal rights in the indian divorce act, 1869, with suitable changes in the light of similar provisions in the hindu marriage act, 1955, and the special marriage act, 1954 clause 25-the reference to divorce a mensa et thoro has been omitted as unnecessary and the grounds for judicial separation are the same as the grounds for divorce as roman catholics do not recognise divorce and as there are considerable sections of protestants who are also averse to divorce and as the legal systems ba6ed dn the canonical law generally provide only for judicial sepamtlon, the bill seeks to continue this relief although the grounds are the <tame as for divorce clause 26-this clause follows similar provisions in the hindu marriagp act, 1955, and the special mgrriage act, 1954 although clause 31 l'i11ows either party to a decree for judicial separation to apply for divorce after the expiry of the prescribed period, +his clause d~s not put the respondent on the same footing 98 the petitioner in a decree for judicial separation as regards the obugation to ",,habit the only justification for setting aside a decree for judicial spparation would be a chan~e in the circumstances sub-c1aul'e (2) ~a8 been suitably modified for this purpose clause 27·-deals with void marri'lges and follow~ section 11 of the hindu m~rrfage act, 195~, except for the omission of tbe words ';on a petition presented by either party thereto" as a void marriale can be impugned by other parties also clause 28 deals with voidable marriages and is patterned on section 12 c·f the hindu marriage act, 1955 sub-clause (2), however, is new it-provides that a marriage is voidable if the 'parties to the marriage are below age nr if the guardiwl's consent for'\he marriage of the minor girl has not been obtained this provision will, however, apply only to marriages solemnized after this bill becomes law it is who provided that no such marriage can be avoided after the expiry of ollc year from the date on which the petitioner has completed the age of 18 years clause 29-section 21 of the indian divorce act, 1869, is confined to two cases of nullity, namely, where thc former spouse was living and insanity; and it is' only in such cases that children may be regarded as legitimate in certain circumstances clause 29 on the other hand is modelled on similar provisions in the hindu marria,e act, 1955, and the special marriage act, 1954, and provides for the children being legitimate ill all cases irrespective of good faith of the parties, etc such children are also given a right of succession in ff'gard to the property of either parent cla'u~e 30-the existing grounds for divorce have been enlarged incidentally, wilful refusal to consummate a marriage should be treated as a fault arising after the marriage as is sought to be done in this clause, and not as a fault existing at the time of the marriage so as to make it voidable as section 25 cf the ~pecia1 marriage act, 1954, purports to do clallse 31 is new a proceeding for judicial separation is considered a waste of time by some persons while others hold the view that it should be retained for the purpose of preserving the s8i1ctity of marriage see also the notes under clause 25 while retaining the provision respecting judicial separation, this clause, by way of compromise, provides that no separate proceeding need be initiated for divorce if p\irtjes to a decree for judicial separation have not come together for more than two years after the divorce a mere application in the same suit is sufficient and such an application may be made by either party to the marriage clause 32 follows similar provisions in the special marriage act, 1954 and the hindu marriage act, 1955, with some modifications it is now provided that leave granted may be revoked by the court id the interests of justice, while in the other acts it can be revoked only in the case of misappl"ehension or concealment as to the natur~ of the case further, instead of the complicated procedure provided in the other two acts las to the order to be passed when leave u revoked, a simple pro\'ision is being marle that the court will dismiss the petition without prejudice to any other petition which' ma, b~ brought after th~ expiry of the three year period clause: 33-';'lt is now provided that the parties to a decree for divorce may re~marry once the decree hus become final there is no waiting period after the decree has become final as in the existing act clause 34-the existing provision in the indian divorce act, 1869, authorises the court to grant relief under the act where either the petitioner or the respondent professes the christian religion at the time of the petition it is more logical in the new scheme of things to provide that the parties must have been christians at the time of the marriage, or that the parties must have been christians at the time of the marriage and at least one of the parties is a christian at the time of the petition, or both the parties ar::! christians at the time of the petition, and this is woot clause 34 d:>es the rights of persons married under the existing act are, huwever, protected clause 35-while generally following the language of section 2 of the indian divorce act, 1869, this clause introduces a new provision under which a decree may also be passed in favour of a petitioner who, being the wife, was domiciled in india before marriage and has been residing in india for a period of not less than three years preceding the petition, the object being to give relief to indian women marrying persons with foreign domicile the scope of the clause has been further enlarged to provide for decrees of nullity being passed in cases where both parties to the marriage are domiciled in india or at least the petitioner is domiciled in india clause 36-subject to the restrictions contained in clause 35, this clause seeks to define the district court which will have jurisdiction in respect of petitions under the proposed law the clause has been so framed as to ensure that the question which district court will exercise jurisdiction is answered for all situations czause 39-while following the language of the hindu marriage act, 1955, and the special marriag(~ act, 1954, a new provision ii included whereby private persons may be associated with the court for the purpose of effecting a reconciliation between the parties clause 40-this follows section 11 of the indian divorce act, 18159, with the addition of the words "or adulteress" to cover cases where the wife sues the husband for divorce on the ground of adultery the court is also being given a disc ration to excuse non-com· pliance with this clause on any other ground as in the uk act the scope of the provision has been extended to cover petitions for judicial reparation where the ground is adultery clause 42-this clause provides for a decree nisi to be pronounced in the first instance, to be followed by a decree absolute it is also provided that where the petitioner (decree-holder) does not apply within six months to get the decree made absolute, it is open to the respondent to move the court in that behalf within a specified period clause 43-while following the corresponding provisions in the indian divorce act, 1869, the following changes have been made:-(1) the right to claim damages has been given to the wife ~~ i (2) the provision for a mere claim for damage apart from divorce has been omitted as being repugnant to modern ide~s clauses 44 to 50-'rhese to a large extent follow the corresponding provisions in the special marriage act, 1954, and the hindu marriage act, 1955 wherever necessary, the language has been slightly modified in order to make the provision simpler or to  get over a few minor difficulties in construction which had been experi· enced in the working of the two acts, as, for example, in clause 49 clause 5l-although the indian pen~ code punishes the offence of bigamy, this clause is being included in order to make it clear that a person married under this act who contracts a second marriage under any other system of law would be equally guilty of the offence of bigamy it follows section 44 of the special marriage act, 1954 clause 52 provides for penalties in respect of the contravention of any of the other conditions laid down for a christian marriage, and follows section 18 of the hindu marriage act, 1955 clauses 53 to 60-the penalties provided in the existing act are rationalised and brought together in a convenient form many of these provisions are modelled on the coresponding provisions in the hindu marriage act, 1955, and the special marriage act, 1954 clauses 61 to 63-reproduce the corresponding provisions in the christian marriage act, 1872, with suitable modifications clause 64 is new it appears that, in practice, marriages are solemnized at places other than churches therefore, this  practice is sought to be given statutory recognition, provlatd it is sanctioned by custom or usage prevalent ift the community clause 67 provides for the free inspection of the marriage certificate book and for the free supply of certified extracts therefrom if such inspection or supply is asked for by the parties to the marriage at or about the time of the marriage this provision will also apply iii relation to ministers of churches clause 70 is intended to protect ministers of churches in cases where by the rules of the chu!'ch they are prohibited from solemnizing a particular marriage clause 74-since the grounds which render a marriage void under the new law are not co-extensive with those given in section 19 of the indian divorce act, 1869, it is necessary to ensure that a marriage performed before this new law comes into force is not rendered void by the new provision hence this clause clause 75 repeals all existing laws, whether passed by any legislature in india or by the uk legislature in their application to india, and contains the necessary saving provisions by reason of section 17 of the indian ind~pendence act, 1947, the two british acts have 1l1ready ceased to apply to india for all practical purposes the first schedule-the list of prohibited relationships has been framld on the basis of the english marriage act, 1949 and the special marriage act, 1954; but certain items like sister's son, sister's r1au2hter brother's son, brother's daughter, etc, have ,been omitted, lis in some communities s1,lch marriages are sai~ to be common and have tn fact been allowed to be solemnized by papal dispensation rlause 9 of the bill relate!'! to the appointment of marriage registrars by the state government whioh, in respect of the union territories, would be the central government ordinarily, existing gov-- pmment officer~ wili be appointed as marriage registrars and this has been the practice under the indian christian marriage act, 1872, which the present bill seeks to replace however, the possibility of ii new officer hping appointed exclusively for the purpose, in exceptional circumstances, rannot hp ruled out and in that contingency some expenditure may be involved frem thf! consolidated fund of india the expenditure if! of a remote and contingent character and therefore it is not possible to give any indication thereof at thil:l stage  memorandum regarding delegated legislationclause 72 of the bill empowers the central government to make rules for carrying out the purposes of the act the matters in respect of which such rules may be made relate, inter alia, to the duties and powers of marriage registrars, their territorial jurisdiction, the manner in which they may hold enquiries and the procedure to be folic-wed' in such enquiries, the fees for the performance of various duties under the act, the conditions under which licences to solemnlse marriages may be issued by the state government, the surrender of such licences and other matters of procedure, form or detail, and 8s such the delegation of legislative power is of a normal character a bill to amend and codify the law relating to marriage and matrimonial causes among cluistians (shr; asore k sen, minister of lard) 