The Indian Christian Marriage Act, 1872

Preamble. - Whereas it is expedient to consolidate and amend the law relating to the solemnization in India of the marriages of persons professing the Christian religion; It is hereby enacted as follows:

PRELIMINARY

1. Short title. - This Act may be called the Indian Christian Marriage Act, 1872.

Extent. - It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in the States of Travancore-Cochin, Manipur and Jammu and Kashmir.

2. Enactments repealed. - [Rep. by the Repealing Act, 1938 (1 of 1938), Section 2 and Sch., Pt. I].

3. Interpretation-clause. - In this Act, unless there is something repugnant in the subject or context, -

"Church of England" and "Anglican" means and apply to the Church of England as by law established;

"Church of Scotland" means the Church of Scotland as by law established;

"Church of Rome" and "Roman Catholic" means and apply to the Church which regards to Pope of Rome as its spiritual head;

"Church" includes any chapel or other building generally used for public Christian worship;

"India" means the territories to which this Act extends;

"minor" means a person who has not completed the age of of twenty-one years and who is not a widower or a widow;

the expression "Christians" means persons professing the Christian religion;

and the expression "Indian Christians" includes the Christian descendants of natives of India converted to Christianity, as well as such converts;

"Registrar General of Births, Deaths and Marriages" means a Registrar General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).

Comments

Any person professing the christian religion although he has not been baptised is a Christian for the purposes of the Act. (K.J.B. David v. Nilamani Devi, AIR 1953 Orissa 10).

PART I

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED

4. Marriages to be solemnized according to Act. - Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

5. Persons by whom marriages may be solemnized. - Marriages may be solemnized in India -

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act to solemnize marriages;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;

(5) by any person licensed under this Act to grant certificates of marriage between Indian Christians.

Comments

"Solemnised" in Section 5 means "celebrated" and refers to ceremonies only.

If a marriage is not solemnised in accordance with the provisions of Section 5 of the Indian Christian Marriage Act, it would enable the Court to declare such marriage as null and void. (Mariasoosai v. Clara Mary, AIR 1995 Madras 35 : 1995 (1) HLR 275 (S.B.).

6. Grant and revocation of licenses to solemnize marriages. - The State Government, so far as regards territories under its administration, may, by notification in the Official Gazette, grant licences to Ministers of Religion to solemnize marriages within such territories and may, by a like notification, revoke such licences.

7. Marriage Registrars. - The State Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar of Marriage Registrars for any district subject to its administration.

Senior Marriage Registrar. - Where there are more Marriage Registrars than one in any district, the State Government shall appoint one of them to be the Senior Marriage Registrar.

Magistrate when to be Marriage Registrar. - When there is only one Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or temporary vacancy.

8. Marriage Registrars in Indian States. - [Rep. by A.O. 1950].

9. Licensing of persons to grant certificates of marriage between Indian Christians. - The State Government may grant a license to any Christian either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian Christians.

Any such licence may be revoked by the authority by which it was granted and every such grant or revocation shall be notified in the Official Gazette.

PART II

TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

10. Time for solemnizing marriage. - Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:

Exceptions. - Provided that nothing in this section shall apply to -

(1) a Clergyman of the Church of England solemnizing a marriage under a special licence permitting him to do so at any hour than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or

(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special licence in that behalf from the Roman Catholic Bishop of the Diocese of Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorised to grant such licence, or

(3) a Clergyman of the Church of the Scotland solemnizing a marriage according to the rule, rites, ceremonies and customs of the Church of Scotland.

11. Place for solemnizing marriage. - No Clergyman of the Church of England shall solemnize a marriage in any place other than a church where worship is generally held according to the forms of the Church of England],

unless there is no such church within five miles distance by the shortest road from such place, or

unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary.

Fee for special licence. - For such special licence, the Registrar of the Diocese may charge such additional fee as he said Bishop from time to time authorizes.

PART III

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT

12. Notice of intended marriage. - Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act -

One of the persons intending marriage shall give notice in writing according to the form contained in the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein -

(a) the name and surname, and the profession or condition, of each of the persons intending marriage,

(b) the dwelling-place of each of them.

(d) the church or private dwelling in which the marriage is to be solemnized:

Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

13. Publication of such notice. - If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.

Return or transfer of notice. - But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice to the persons who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

14. Notice of intended marriage in private dwelling. - If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in Section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.

15. Sending copy of notice to Marriage Registrar when one party is a minor. - When one of the persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Registrar of such district, to the Senior Marriage Registrar.

16. Procedure on receipt of notice. - The Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district who shall likewise publish the same in the manner above directed.

17. Issue of certificate of notice given and declaration made. - Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made:

Proviso. - Provided -

(1) that no such certificates shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister;

(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and

(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.

18. Declaration before issue of certificate. - The certificate mentioned in Section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration -

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage,

and, when either or both of the parties is or are a minor or minors -

(b) that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in India having authority to give such consent, as the case may be.

19. Consent of father or guardian or mother. - The father, if living, of any minor, or if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor's marriage,

and such consent is hereby required for the same marriage, unless no person authorised to give such consent be resident in India.

Comments

Where the marriage of a girl above 18 years but below 21 and belonging to Roman Catholic Church is solemnised by a Minister belonging to the Church, the marriage does not become null and void on the ground that the consent of the girl's parents is not taken. (Lakshmi Sanyal v. S.K. Dhar, AIR 1972 S.C. 2667).

20. Power to prohibit by notice issue of certificate. - Every person whose consent to a marriage is required under Section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.

21. Procedure on receipt of notice. - If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he was examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition,

or until the said notice is withdrawn by the person who gave it.

22. Issue of certificate in case of minority. - When either of the person intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by Section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.

23. Issue of certificates of Indian Christians. - When any Indian Christian about to be married makes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under Section 17, such Minister shall, before issuing the certificate, ascertain whether such Indian Christian is cognizant of the purport and effect of the said notice or certificate, the case may be, and if not, shall translate or cause to be translated the notice or certificate to such Indian Christian into some language which he understands.

24. Form of certificate. - The certificate to be issued by the Minister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.

25. Solemnization of marriage. - After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt:

Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.

26. Certificate void if marriage not solemnized within two months. - Whenever a marriage is not solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all proceedings (if any) thereon shall be void,

and no person shall proceed to solemnize the said marriage until new notice has been given, and a certificate thereof issued in manner aforesaid.

PART IV

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTER OR RELIGION

27. Marriages when to be registered. - All marriages thereafter solemnized in India between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.

28. Registration of marriages solemnized by Clergymen of Church of England. - Every Clergyman of the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act.

29. Quarterly returns to Archdeaconry. - Every Clergyman of the Church of England shall send four times in every year returns in duplicate authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate.

Contents of returns. - Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified.

The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar-General of Births, Deaths and Marriages.

30. Registration and returns of marriages solemnized by Clergymen of Church of Rome. - Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is solemnized,

and such person shall forward quarterly to the Registrar-General of Births, Deaths and Marriages returns of the entries of all marriages registered by him during the three months next preceding.

31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland. - Every Clergyman of the Church of Scotland shall keep a register of marriages,

and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act,

and shall forward quarterly to the Registrar-General of Births, Deaths and Marriages, through the Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in Section 29, of all such marriages.

32. Certain marriages to be registered in duplicate. - Every marriage solemnized by any person who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same; (that is to say) in a marriage register-book to be kept by him for that purpose, according to the form contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register book as a counterfoil.

33. Entries of such marriages to be signed and attested. - The entry of such marriage in both the certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by the persons married, and shall be attested by two credible witnesses other than the person solemnizing the marriage, present at its solemnization.

Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage-register-book.

34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar-General. - The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar,

who shall cause such certificate to be copied into a book to be kept by him for that purpose,

and shall send all the certificates which he has received during the month with such number and signature of initials added thereto as are hereafter acquired to, to the Registrar General of Births, Deaths and Marriages.

35. Copies of certificates to be entered and numbered. - Such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy of the said book, according to the order in which he receives each certificates.

36. Registrar to add number of entry to certificate, and send to Registrar-General. - The Marriage Registrar shall also add such last mentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and shall, at the end of every month, send the same to the Registrar General of Births, Deaths and Marriages.

37. Registration of marriages between Indian Christians by persons referred to in clauses (1), (2) and (3) of Section 5. - When any marriage between Indian Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of Section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by Sections 28 to 36, both inclusive, register the marriage in a separate register-book and shall keep it safely until it is filled, or, if he leaves the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district.

Custody and disposal of register-book. - Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the Registrar-General of Births, Deaths and Marriages, to be kept by him with the records of his office.

PART V

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR

38. Notice of intended marriage before Marriage Registrar. - When a marriage is intended to be solemnized by, or in the presence of a Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect; to any Marriage Registrar of the district within which the parties have dwelt,

or if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district,

and shall state therein the name and surname, and the profession or condition of each of the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized:

Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

39. Publication of notice. - Every Marriage Registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office.

When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twenty-four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix the copy in some conspicuous place in his own office.

40. Notice to be filed and copy entered in Marriage Notice Book. - The Marriage Registrar shall file all such notices and keep them with the records of his office,

and shall also forthwith enter a true copy of all notices in a book to be furnished to him for that purpose by the State Government, and to be called the "Marriage-Notice Book",

and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.

41. Certificate of notice given and oath made. - If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made:

Proviso. - Provided -

that no lawful impediment be shown to his satisfaction why such certificate should not issue;

that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act;

that four days after the receipt of the notice have expired: and further;

that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.

42. Oath before issue of certificate. - The certificate mentioned in Section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath -

(a) that he or she believes that there is no any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and

(b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar,

and, where either or each of the parties is a minor, -

(c) that the consent or consents to such marriage required by law has or have been obtained thereto, or that, there is no person resident in India authorized to give such consent, as the case may be.

43. Petition to High Court to order certificate in less than fourteen days. - When one of the parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry of such notice as aforesaid, they may apply by petition to a judge of the High Court, for an order upon the Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate before the expiration of the said fourteen days required by Section 41.

Order on petition. - And on sufficient cause being shown, said Judge may, in his discretion, make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be mentioned in the said order before the expiration of the fourteen days so required.

And the said Marriage Registrar, on receipt of the order, shall issue his certificate in accordance therewith.

44. Consent of father or guardian. - The provisions of Section 19 apply to every marriage under this Part, either of the parties to which is a minor:

Protest against issue of certificate. - And any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrar's certificate, by writing, at any time before the issue of such certificate, the word "forbidden" opposite to the entry of the notice of such intended marriage in Marriage Notice-Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized.

Effect of Protest. - When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.

45. Petition where person whose consent is necessary is insane or unjustly withholds consent. - If any person whose consent is necessary to any marriage under this Part is of unsound mind

or if any such person (other than the father) without just cause withholds his consent to the marriage,

the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District Judge.

Procedure on petition. - And the said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way;

and, if upon examination such marriage appears proper such judge of the High Court of District Judge, as the case may be, shall declare the marriage to be a proper marriage.

Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage;

and if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to marriage as if the issue of such certificate had not been forbidden.

46. Petition when Marriage Registrar refuses certificate. - Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay to a Judge of the High Court, or if such district is not within any of the said towns then to the District Judge.

Procedure on petition. - The said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon.

The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and the Marriage Registrar to whom the application for the issue of certificate was originally made shall proceed in accordance therewith.

47. Petition when Marriage Registrar in Indian State refuses certificate. - [Rep. by the A.O. 1950].

48. Petition when Registrar doubts authority of person forbidding. - Whenever a Marriage Registrar, acting under the provisions of Section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district be not within any of the said towns, then to the District Judge.

Procedure on petition. - The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same,

and the said Judge of the High Court of District Judge, as the case may be, shall examine into the allegations of the petition and the circumstances of the case,

and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid,

and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as if the issue had not been forbidden.

49. Liability for frivolous protest against issue of certificate. - Every person entering a protest with the Marriage Registrar under this Part against the issue of any certificate, on grounds which such Marriage Registrar, under Section 44, or a Judge of the High Court or the District Judge, under Section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.

50. Form of certificate. - The certificate to be issued by the Marriage Registrar under the provisions of Section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like effect,

and the State Government shall furnish to every marriage Registrar a sufficient number of forms of certificate.

51. Solemnization of marriage after issue of certificate. - After the issue of the certificate of the Marriage Registrar,

or where notice is required to be given under this Act to the Marriage Registrars for different districts, after the issue of the certificates to the Marriage Registrars for such districts,

marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate, or certificates, be solemnized between them, according to such form and ceremony as they think fit to adopt.

But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses besides the Marriage Registrar.

And in some part of the ceremony each of the parties shall declare as follows, or to the like effect :

"I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D."

And each of the parties shall say to the other as follows or the like effect:

"I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife (or husband)."

52. When marriage not had within two months after notice, new notice required. - Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by Section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void;

and no person shall proceed to solemnize the marriage nor shall any Marriage Registrar enter the same, until new notice has been given and entry made, and certificate thereof given, at the time and in the manner aforesaid.

53. Marriage Registrar may ask for particulars to be registered. - A Marriage Registrar before whom any marriage is solemnized under this Part may ask of the persons to be married the several particulars required to be registered touching such marriage.

54. Registration of marriages solemnized under Part V. - After the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplicate; that is to say, in a marriage register book, according to the form of the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage register book as a counterfoil.

The entry of such marriage in both the certificate and the marriage register book shall be signed by the person by or before whom the marriage has been solemnized, if there be any such person, and by the Marriage Registrar present at such marriage, whether, or not it is solemnized by him, and also by the parties married and attested by two credible witnesses other than the Marriage Registrar and person solemnizing the marriage.

Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage register book.

55. Certificates to be sent monthly to Registrar-General. - The Marriage Registrar shall forthwith separate the certificate from the marriage register book and send it, at the end of every month, to the Registrar-General of Births, Deaths and Marriages.

Custody of register-book. - The Marriage Registrar shall keep safely the said register-book until it is filed, and shall then send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records to his office.

56. Officers to whom Registrar in Indian States shall send certificates. - [Rep. by the A.O. 1950].

57. Registrars to ascertain that notice and certificate are understood by Indian Christians. - When any Indian Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said Indian Christian understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to be translated such notice or certificate, or both of them, as the case may be, to such Indian Christian into a language which he understands;

or the Marriage Registrar shall otherwise ascertain whether the Indian Christian is cognizant of the purport and effect of the said notice and certificate.

58. Indian Christian to be made to understand declarations. - When any Indian Christian is married under the provisions of this Part, the person solemnizing marriage shall ascertain whether such Indian Christian understands the English language and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such Indian Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.

59. Registration of marriages between Indian Christians. - The registration of marriages between Indian Christians under this Part shall be made in conformity with the rules laid down in Section 37 (so far as they are applicable), and not otherwise.

PART VI

MARRIAGE OF INDIAN CHRISTIANS

60. On what conditions marriages of Indian Christians may be certified. - Every marriage between Indian Christians applying for certificate, shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:

(1) the age of the man intending to be married shall not be under twenty-one years, and the age of the woman intending to be married shall not be under eighteen years;

(2) neither of the persons intending to be married shall have a wife or husband still living;

(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other -

"I call upon these persons here present to witness that I, A.B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be my lawful wedded wife or husband or words to the like effect:

61. Grant of certificate. - When, in respect to any marriage solemnized under this Part, the conditions prescribed in Section 60 have been fulfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.

The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.

62. Keeping of register-book and deposit of extracts therefrom with Registrar- General. - (1) Every person licensed under Section 9 shall keep in English, or in the vernacular language in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State Government by which he was licensed may from time to time prescribe, a register book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar-General of Births, Deaths and Marriages for the territories under the administration of the said State Government, in such form and at such intervals as that Government may prescribe, true and duly authenticated extracts from his register-book of all entries made therein since the last of those intervals.]

63. Searches in register-book and copies of entries. - Every person licensed under this Act to grant certificates of marriage, and keeping a marriage register-book under Section 62 shall, at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of any entry therein.

64. Books in which marriages of Indian Christians under Part I or Part III are registered. - The provisions of Sections 62 and 63, as to the form of register-book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall mutatis mutandis, apply to the books kept under Section 37.

65. Part VI not to apply to Roman Catholics. - This Part of this Act, except so much of Sections 62 and 63 as are referred to in Section 64, shall not apply to marriages between Roman Catholics.

Saving of certain marriages. - But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865.

PART VII

PENALTIES

66. False oath, declaration, notice or certificate for procuring marriage. - Who- ever, for the purpose of procuring a marriage or licence of marriage, intentionally, -

(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or

(b) where a notice or certificate is required by this Act, signs a false notice or certificate,

shall be deemed to have committed the offence punishable under Section 193 of the Indian Penal Code, 1860 (45 of 1860) with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court with fine.

67. Forbidding by false personation, issue of certificate by Marriage Registrar. - Whoever, forbids the issue by a Marriage Registrar, of a certificate by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such representation to be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described in Section 205 of the Indian Penal Code, 1860 (45 of 1860).

68. Solemnizing marriage without due authority. - Whoever, not being authorized by Section 5 of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage Registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten years or (in lieu of a sentence or imprisonment for seven years of upwards) with transportation for a term of not less than seven years, and not exceeding ten years,

and shall also be liable to fine.

69. Solemnizing marriage out of proper time, or without witnesses. - Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Saving of marriages solemnized under special licence. - This section does not apply to marriages solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special licence in that behalf mentioned in Section10.

Nor does this section apply to marriages solemnized by Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.

70. Solemnizing without notice or within fourteen days after notice, marriage with minor. - Any Minister of Religion licensed to solemnize marriages under this Act, who without a notice in writing, or when one of the parties to the marriage is a minor and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

71. Issuing certificate, or marrying, without publication of notice. - A Marriage Registrar under this Act, who commits any of the following offences:

(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act;

Marrying after expiry of notice. - (2) after the expiration of two months after the copy of the notice has been entered as required by Section 40 in respect of any marriage, solemnizes such marriage;

Solemnizing marriage with minor within fourteen days, without authority of court or without sending copy of notice. - (3) solemnizes without an order of a competent court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than one, and if he himself be not the Senior Marriage Registrar;

Issuing certificate against authorized prohibition. - (4) issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,

shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.

72. Issuing certificate after expiry of notice, or in case of minor, within fourteen days after notice, or against authorized prohibition. - Any Marriage Registrar knowingly and wilfully issuing any certificate for marriage after the expiration of two months after the notice has been entered by him as aforesaid,

or knowingly and wilfully issuing, without the order of a competent court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf,

shall be deemed to have committed an offence under Section 166 of the Indian Penal Code, 1860 (45 of 1860).

73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome). - Whoever, being authorized under this Act to solemnize a marriage, and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a licence from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf,

or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that Church,

or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that Church,

Issuing certificate, or marrying, without publishing notice, or after expiry of certificate. - knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes a marriage between such persons as aforesaid, without publishing or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him.

Issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice. - Or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district;

Issuing certificate authorizedly forbidden. - or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;

Solemnizing marriage authorizedly forbidden. - or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same;

shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.

74. Unlicensed person granting certificate pretending to be licensed. - Whoever, not being licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.

Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred rupees.

75. Destroying or falsifying register-books. - Whoever, by himself or another, wilfully destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom,

or falsely makes or counterfeits any part of such register-book of counterfoil certificates,

or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated extract,

shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

76. Limitation of prosecutions under Act. - The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed.

PART VIII

MISCELLANEOUS

77. What matters need not be proved in respect of marriage in accordance with Act. - Whenever any marriage has been solemnized in accordance with the provisions of Sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:

(1) any statement made in regard to the dwelling of the person married, or to the consent of any person whose consent to such marriage is required by law:

(2) the notice of the marriage;

(3) the certificate or translation thereof;

(4) the time and place at which the marriage has been solemnized;

(5) the registration of the marriage.

78. Corrections of errors. - Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof.

And every entry made under this section shall be attested by the witnesses in whose presence it was made.

And, in case such certificate has been already sent to the Registrar-General of Births, Deaths and Marriages, such person shall make and send it in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.

79. Searches and copies of entries. - Every person solemnizing a marriage under this Act, and hereby required to register the same,

and every Marriage Registrar or Registrar-General of Births, Deaths and Marriages having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act,

shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.

80. Certified copy of entry in marriage-register, etc., to be evidence . - Every certified copy purporting to be signed by the person entrusted under this Act with the custody of any marriage-register or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in such register or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.

81. Certificates of certain marriage to be sent to Central Government. - The Registrar-General of Births, Deaths and Marriages shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to him during such quarter, the certificates of the marriages of which the Government by whom he was appointed may desire that evidence shall be transmitted to England, and shall sent the same certificates, signed by him to the Central Government.

82. State Government to prescribe fees. - Fees shall be chargeable under this Act for -

receiving and publishing notices of marriages;

issuing certificates for marriages by Marriage Registrars, and registering marriages by the same;

entering protest against, or prohibitions of, the issue of certificates for marriage by the said Registrars;

searching register-books or certificates, or duplicates, of copies thereof;

giving copies of entries in the same under Section 63 and 79;

The State Government shall fix the amount of such fees respectively, and may from time to time vary or remit them either generally or in special case, as to it may seem fit.

83. Power to make rules. - [1][(1)] The State Government [2][may, by notification in the Official Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of register book, and the preparation and submission of returns of marriage solemnized under this Act.

[3] [(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

84. Power to prescribe fees and rules for Indian States. - [Rep. by A.O. 1950.]

85. Power to declare who shall be District Judge. - The State Government may, by notification in the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the District Judge.

86. Powers and functions exercisable as regards Indian States. - [Rep. by A.O. 1950.]

87. Saving of Consular marriages. - Nothing in this Act applies to any marriage performed by any Minister, Consul, or Consular Agent between subjects of the State which he represents and according to the laws of such State.

88. Non-validation of marriages within prohibited degrees. - Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.

[Note - Schedules I to IV containing Forms is being omitted here.]

The Divorce Act, 1869

1. Short title, commencement of the Act

2. Extent of Act Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity

3. Interpretation-clause

4. Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception.

5. Enforcement of decrees or orders made heretofore by Supreme Court or High Court.

6. Pending suits.

8. Extraordinary jurisdiction of High Court. Power to transfer suits.

9. Reference to High Court.

10. Grounds for dissolution of marriage.

10A. Dissolution of marriage by mutual consent.

11. Adulterer or adulteress to be co-respondent.

12. Court to be satisfied of absence of collusion.

13. Dismissal of petition.

14. Power to Court to pronounce decree for dissolving marriage. Condonation.

15. Relief in case of opposition on certain grounds.

16. Decrees for dissolution to be nisi.. Collusion.

17. Powers of High Court to remove certain suits.

18. Petition for decree of nullity.

19. Grounds of decree.

21. Children of annulled marriage.

22. Bar to decree for divorce a mensa et toro: but judicial separation obtainable by husband or wife.

23. Application for separation made by petition.

24. Separated wife deemed spinster with respect to after-acquired property.

25. Separated wife deemed spinster for purposes of contract and suing.

26. Decree of separation obtained during absence of husband or wife may be reversed.

27. Deserted wife may apply to Court for protection.

28. Court may grant protection-order.

29. Discharge or variation of orders.

30. Liability of husband seizing wife's property after notice of order.

31. Wife's legal position during continuance of order.

32. Petition for restitution of conjugal rights.

33. Answer to petition.

36. Alimony pendente lite.

37. Power to order permanent alimony. Power to order monthly or weekly payments.

38. Court may direct payment of alimony to wife or to her trustee.

40. Inquiry into existence of ante-nuptial or post-nuptial settlements.

41. Power to make orders as to custody of children in suit for separation.

42. Power to make such orders after decree.

43. Power to make orders as to custody of children in suits for dissolution or nullity.

44. Power to make such orders after decree or confirmation.

45. Code of Civil Procedure to apply.

46. Forms of petitions and statements.

47. Petition to state absence of collusion. Statements to be verified.

48. Suits on behalf of lunatics.

49. Suits by minors.

50. Service of petition.

51. Mode of taking evidence.

52. Competence of husband and wife to give evidence as to cruelty or desertion.

53. Power to close doors.

54. Power to adjourn.

55. Enforcement of, and appeal from, orders and decrees. No appeal as to costs.

56. Appeal to the Supreme Court.

57. Liberty to parties to marry again.

58. English clergyman not compelled to solemnize marriages of persons divorced for adultery.

59. English Minister refusing to perform ceremony to permit use of his Church.

60. Decree for separation or protection-order valid as to persons dealing with wife before reversal.

61. Bar of suit for criminal conversation.

62. Power to make rules. Schedule.

An Act to amend the law relating to Divorce and Matrimonial Causes.

Preamble - Whereas it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; it is hereby enacted as follows-

I.- PRELIMINARY

1. Short title, commencement of the Act - This Act may be called the [1][* * *] Divorce Act, and shall come into operation on the first day of April, 1869.

2. Extent of Act - This Act extends to the whole of India except the State of Jammu and Kashmir.

Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity - [1][Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner [2][or respondent] professes the Christian religion,

or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented,

or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition,

or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.]

3. Interpretation-clause - In this Act, unless there be something repugnant in the subject or context-

"High Court" - (1) "High Court" means with reference to any area-

(a) in a State, the High Court for that State;

[3][(b) in Delhi, the High Court of Delhi;

(bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter;]

(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;

(e) in [4][Lakshadweep], the High Court of Kerala;

[5] [(ee) in Chandigarh, the High Court of Punjab and Haryana;]

and in the case of any petition under this Act, "High Court" means the High Court for the area where the husband and wife reside or last resided together:]

(2) "District Judge" means a Judge of a principal civil court of original jurisdiction however designated:

(3) "District Court" means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction or of whose jurisdiction under this Act, [6][the marriage was solemnized or], the husband and wife reside or last resided together:

(4) "Court" means the High Court or the District Court, as the case may be:

(5) "minor children" means, in the case of sons of Native fathers, boys, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed the age of thirteen years: In other cases it means unmarried children who have not completed the age of eighteen years:

[7] [* * *]

(8) "marriage with another woman" means marriage

of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within India or elsewhere:

(9) "desertion" implies an abandonment against the wish of the person charging it: and

(10) "property" includes in the case of a wife any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the testator or instestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix.

II- JURISDICTION

4. Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception. - The jurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise: except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed.

5. Enforcement of decrees or orders made heretofore by Supreme Court or High Court. Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the Same.

6. Pending suits. - All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.

[8] [* * *]

8. Extraordinary jurisdiction of High Court. - The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act.

Power to transfer suits. - The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.

9. Reference to High Court. - When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its won motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Court's own opinion thereon, to the decision of the High Court.

If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the High Court upon it.

If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference.

III- DISSOLUTION OF MARRIAGE

[9] [10. Grounds for dissolution of marriage. - (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent-

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurable of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease

in a communicable form; 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

(vii) has wilfully refused to consummate the marriage and the marriage 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

(ix) has deserted the petitioner for at lease two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.]

[10] [10A. Dissolution of marriage by mutual consent.- (1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.]

[11] [11. Adulterer or adulteress to be co-respondent.- On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on any of the following grounds, namely:-

(a) that the wife, being the respondent is leading the life of a prostitute, or the husband, being respondent is leading an immoal life and that the petitioner knows of no person with whom the adultery has been committed;

(b) that the name of the alleged adulterer or adulteress is unknown to the petitioner, although the petitioner has made due efforts to discover it;

12. Court to be satisfied of absence of collusion. - Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner.

13. Dismissal of petition. - In case the Court, on the evidence in relation to any such petition, is satisfied that the petitioner's case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of,

or that the petition is presented or prosecuted in collusion with either of the respondents, then, in and any of the said cases the Court shall dismiss the petition.

[12] [* * *]

14. Power to Court to pronounce decree for dissolving marriage. - In case the Court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of,

or that the petition is presented or prosecuted in collusion with either of the respondents,

the Court shall pronounce a decree declaring such marriage to be dissolved [13][* * *]

Provided that the Court shall not be bound to pronounce such decree it it finds that the petitioner has, during the marriage, been guilty of adultery,

or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition,

or of cruelty towards the other party to the marriage,

or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse,

or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery.

Condonation. - No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal cohabitation has been resumed or continued.

15. Relief in case of opposition on certain grounds. - In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty, or desertion [2][* * *] or, in case of such a suit instituted by a wife, on the ground of [3][her adultery and cruelty or desertion] the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to [4][such adulteryt, cruelty] or desertion.

16. Decrees for dissolution to be nisi. - Every decree for dissolution of marriage made by a High Court [5][* * *] shall, in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs.

Collusion. - During that period any person shall be at liberty, in such manner as the High Court by general or special order from time to time direct, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the Court.

On cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.

The High Court may order the cost of Counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property.

Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit.

[14] [17. Powers of High Court to remove certain suits.- During the process of the suit in the Court of the District Court Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under Section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in Section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged colllusion as may be necessary, to enable him to make a decree in accordance with the justice of the case.]

[15] [* * *]

IV- NULLITY OF MARRIAGE

18. Petition for decree of nullity. - Any husband or wife may present a petition to the District Court [16][* * *], praying that his or her marriage may be declared null and void.

Comments

Where the decree for nullity of marriage has already been passed earlier, no further declaration of again declaring the marriage as nullity is necessary. [AIR 1993 Kerala 19 (F.B.)]

19. Grounds of decree. - Such decree may be made on any of the following grounds:-

(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

(3) that either party was a lunatic or idiot at the time of the marriage;

(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.

Nothing in this section shall effect the jurisdiction of the [17][District] Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Comments

Impotency for the purpose of declaring a marriage a nullity means the incapacity of the parties to consummate that marriage both at the time of the marriage and the institution of the proceedings.

(AIR 1954 Madras 316)

[18][* * *]

21. Children of annulled marriage. - Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

V- JUDICIAL SEPARATION

22. Bar to decree for divorce a mensa et toro: but judicial separation obtainable by husband or wife. - No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion [19][* * *] for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.

23. Application for separation made by petition. - Application for judicial separation on any one of the grounds aforesaid, may be made by either husband or wife by petition to the District Court [20][* * *]; and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

24. Separated wife deemed spinster with respect to after-acquired property. - In every case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst the separation continues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her.

Such property may be disposed of by her in all respects an an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead:

Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.

25. Separated wife deemed spinster for purposes of contract and suing. - In every case of a judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation:

Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use:

Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.

ILLUSTRATION

Reversal of Decree of Separation

26. Decree of separation obtained during absence of husband or wife may be reversed. Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the Court by which the decree war pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree.

The Court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.

VI- PROTECTION-ORDERS

27. Deserted wife may apply to Court for protection. - Any wife to whom Section 4 of [21][the Indian Succession Act, 1865 (10 of 1865)] does not apply, may, when deserted by her husband, present a petition to the District Court [22][* * *], at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him.

28. Court may grant protection-order. - The Court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time.

29. Discharge or variation of orders. - The husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or vary the order accordingly.

30. Liability of husband seizing wife's property after notice of order. - If the husband, or any creditor of, or person claiming under the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.

31. Wife's legal position during continuance of order. - So long as any such order of protection remains in force the wife shall be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.

VII- RESTITUTION OF CONJUGAL RIGHTS

32. Petition for restitution of conjugal rights. - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court [23][ * * * ] for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

33. Answer to petition. - Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity of marriage.

VIII- DAMAGES AND COSTS

[24] [* * *]

IX- ALIMONY

36. Alimony pendente lite. - In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection[25][ the wife may present a petition for expenses of the proceedings and alimony pending the suit].

Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband [6][for payment to the wife of expenses of the proceedings and] alimony pending the suit] as it may deem just:

[26] [* * *]

[27] [Provided that the petition for the expenses of the proceedings and alimony pending the suit shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.]

37. Power to order permanent alimony. - [28][Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall], to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.

Power to order monthly or weekly payments. - In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable:

Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the Court seems fit.

38. Court may direct payment of alimony to wife or to her trustee. - In all cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do.

X- SETTLEMENTS

[29] [* * *]

40. Inquiry into existence of ante-nuptial or post-nuptial settlements. - [30][The District Court may, before passing a decree for dissolution of the marriage or a decree of nulity of marriage 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 such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit:

Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.

XI- CUSTODY OF CHILDREN

41. Power to make orders as to custody of children in suit for separation. - In any suit for obtaining a judicial separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said Court.

[31] [Provided that the application with respect to the maintenance and education of the minor children pending the suit shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]

42. Power to make such orders after decree. - The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provision; with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

43. Power to make orders as to custody of children in suits for dissolution or nullity. - In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in [32][a District] Court, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders, and in any such suit instituted in a District Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation, it may deems proper] with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit,

and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the Court.

44. Power to make such orders after decree or confirmation. - [33][Where a decree of dissolution or nullity of marriage has been passed, the District Court may, upon application] by petition for the purpose, make from time to time all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid.

XII- PROCEDURE

45. Code of Civil Procedure to apply. - Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the [34][Code of Civil Procedure, 1908 (5 of 1908).]

46. Forms of petitions and statements. - The forms set forth in the Schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such Schedule.

47. Petition to state absence of collusion. - Every petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation shall state that there is not any collusion or connivance between the petitioner and the other party to the marriage.

Statements to be verified. - The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.

48. Suits on behalf of lunatics. - When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.

49. Suits by minors. - Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs.

Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.

50. Service of petition. - Every petition under this Act shall be served on the party to be affected thereby, either within or without in such manner as the High Court by general or special order from time to time directs:

Provided that the Court may dispense with such service altogether in case it seems necessary or expedient so to do.

51. Mode of taking evidence. - The witnesses in all proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness:

Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

52. Competence of husband and wife to give evidence as to cruelty or desertion.- On any petition presented [35][by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband as the case may be having been guilty of adultery, cruelty, or desertion], the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

53. Power to close doors. - The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.

54. Power to adjourn. - The Court may, from time to time, adjourn the hearing of any petition under this Act, and may require further evidence thereon if it sees fit so to do.

55. Enforcement of, and appeal from, orders and decrees. - All decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time being in force:

[36] [* * *]

No appeal as to costs. - Provided [37][* * *] that there shall be no appeal on the subject of costs only.

56. Appeal to the Supreme Court. - Any person may appeal to the Supreme Court from any decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise,

and from any decree (other than a decree nisi) or order made in the the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court,

when the High Court declares that the case is a fit one for appeal to the Supreme Court.

XIII- RE-MARRIAGE

[38] [57. Liberty to parties to marry again.- Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired wihout an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.]

58. English clergyman not compelled to solemnize marriages of persons divorced for adultery. - No clergyman in Holy Orders of the Church of England shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

59. English Minister refusing to perform ceremony to permit use of his Church. - When any Minister of any Church or Chapel of the said Church refuses to perform such marriage-service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church of Chapel is situate, to perform such marriage-service in such Church or Chapel.

XIV- MISCELLANEOUS

60. Decree for separation or protection-order valid as to persons dealing with wife before reversal. - Every decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife.

No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof.

Indemnity of persons making payment to wife without notice of reversal of decree or protection-order. - All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued,

unless, at the time of payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.

61. Bar of suit for criminal conversation. - After this Act comes into operation, no person competent to present a petition under Sections 2 and 10 shall maintain a suit for criminal conversation with his wife.

62. Power to make rules. - The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same:

Provided that such rules, alterations and additions are consistent with the provisions of this Act and the [39][Code of Civil Procedure. 1908(5 of 1908)].

All such rules, alterations and additions shall be published in the Official Gazette.

[1] The word "in India" omitted by Act 51 of 2001.

[2] The words "without reasonable excuse,"omitted by the India Divorce (Amendment) Act, 2001.

[3] Subs. by Act No. 51 of 2001.

[4] Subs. by Act No. 51 of 2001

[5] The words "Not being a confirmation of decree of a District Court" omitted by Act 51 of 2001.

[6] Subs. by Act 49 of 2001, Sec. 2, for "for payment to the wife of alimony pending the suit

[1] Subs. by Act No. 25 of 1926.

[2] Ins. by Act No. 30 of 1927.

[3] Subs. by the Himachal Pradesh (Adaptation of Laws) Order, 1968.

[4] Subs. by the Laccadive, Minicoy and Aminidivi Islands (Alteration of Name) Adaptation of Laws Order, 1974.

[5] Ins. by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws) Order 1968.

[6] Ins. by Act No. 51 of 2001.

[7] Cluses (6) and (7) omitted by Act 51 of 2001.

[8] Omitted by Act No. 51 of 2001.

[9] Subs. by Act No. 51 of 2001.

[10] Ins. of Act No. 51 of 2001.

[11] Subs. by Act No. 51 of 2001.

[12] Omitted by Act No. 51 of 2001.

[13] Omitted by Act No. 51 of 2001.

[14] Subs. by Act No. 51 of 2001.

[15] Omitted by Act No. 51 of 2001.

[16] Omitted by Act No. 51 of 2001.

[17] Subs. by Act No. 51 of 2001.

[18] Omitted by Act No. 51 of 2001.

[19] Omitted by Act No. 51 of 2001.

[20] Omitted by Act No. 51 of 2001.

[21] See now relevant provision of the Indian Succession Act, 1925 (39 of 1925).

[22] Omitted by Act No. 51 of 2001.

[23] Omitted by Act No. 51 of 2001.

[24] Secs. 34 and 35 omitted by Act No. 51 of 2001..

[25] Ins. by Act No. 49 of 2001.

[26] Omitted by Act No. 51 of 2001.

[27] Ins. by Act No. 49 of 2001.

[28] Subs. by Act No. 51 of 2001.

[29] Omitted by Act No. 51 of 2001.

[30] Subs. by Act No. 51 of 2001.

[31] Ins. by Act No. 49 of 2001.

[32] Subs. by Act No. 51 of 2001.

[33] Subs. by Act No. 51 of 2001.

[34] Subs. by Act No. 51 of 2001.

[35] Subs. by Act No. 51 of 2001.

[36] Omitted by Act No. 51 of 2001.

[37] Omitted by Act No. 51 of 2001.

[38] Subs. by Act No. 51 of 2001.

[39] Sub. by Act No. 51 of 2001.