Civil marriage independent of religion — notice, objections, registration, and the grounds for divorce. A curated selection; not the complete text.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
A marriage between any two persons may be solemnized under this Act if at the time of the marriage neither party has a spouse living; neither party is incapable of giving a valid consent in consequence of unsoundness of mind, or though capable of giving valid consent has been suffering from a mental disorder of such a kind or extent as to be unfit for marriage and the procreation of children, or has been subject to recurrent attacks of insanity; the male has completed the age of twenty-one years and the female the age of eighteen years; and the parties are not within the degrees of prohibited relationship.
When a marriage is intended to be solemnized under this Act, the parties shall give notice in writing in the prescribed form to the Marriage Officer of the district in which at least one of the parties has resided for a period of not less than thirty days immediately preceding the date on which the notice is given.
The Marriage Officer shall keep all notices as a record of his office, shall enter a true copy of every notice in a book called the Marriage Notice Book which shall be open for inspection at all reasonable times without fee, and shall cause every notice to be published by affixing a copy to a conspicuous place in his office.
Any person may, before the expiration of thirty days from the date of publication of the notice, object to the marriage on the ground that it would contravene one or more of the conditions specified in Section 4. The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, read over and explained to the person making the objection, and signed by them.
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under this Act, may be registered under this Chapter by a Marriage Officer if a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since, neither party has more than one spouse living, neither is an idiot or a lunatic at the time of registration, the parties have completed the age of twenty-one years, they are not within the degrees of prohibited relationship, and at least one of them has been residing within the district of the Marriage Officer for not less than thirty days immediately preceding the date of the application.
Any marriage solemnized under this Act shall be null and void and may, on a petition presented by either party, be so declared by a decree of nullity if any of the conditions specified in clauses (a), (b), (c) and (d) of Section 4 has not been fulfilled, or if the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; if the respondent was at the time of the marriage pregnant by some person other than the petitioner; or if the consent of either party was obtained by coercion or fraud, subject to the time limits and conditions laid down in the section.
A petition for divorce may be presented by either the husband or the wife on the ground that the respondent has, since the solemnization of the marriage, had voluntary sexual intercourse with any person other than the petitioner; has deserted the petitioner for a continuous period of not less than two years; is undergoing a sentence of imprisonment for seven years or more; has treated the petitioner with cruelty; has been incurably of unsound mind or suffering continuously from a mental disorder; or has not been heard of as being alive for a period of seven years or more. A wife may additionally present a petition on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
A petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. On the motion of both the parties made not earlier than six months and not later than eighteen months after the date of presentation of the petition, the court shall, if satisfied after making such inquiry as it thinks fit, pass a decree declaring the marriage to be dissolved.
Where in any proceeding under this Act it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding and such weekly or monthly sum during the proceeding as, having regard to the husband's income, appears to the court to be reasonable.
Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent to the decree, on an application made to it, order that the husband shall secure to the wife for her maintenance and support such gross sum or such monthly or periodical payment as, having regard to her own property, the property and income of the husband, and the conduct of the parties, may be just. The court may modify, vary or rescind any such order on being satisfied that there has been a change in the circumstances of either party.
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