Chapter III§15–18
Registration of Marriages Celebrated in Other Forms
How a couple already married under religious or customary rites can convert their marriage into a 'Special-Marriage-Act marriage'. §15 lists six conditions (ceremony already performed and living as spouses since; no living spouse; sound mind; both 21+; outside prohibited degrees; 30-day local residence). §16 is the 30-day public-notice procedure for objections. §17 allows appeal to the district court within 30 days. §18 makes the registered marriage 'a marriage under this Act' from the date of entry — and secures children's legitimacy.
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Registration of marriages celebrated in other forms
A pre-1954 or other-form marriage may be registered if the ceremony was performed and the parties have lived as spouses since; both are monogamous, sane, 21+, outside prohibited degrees; and both have lived in the Marriage Officer's district 30+ days.
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:— (a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since; (b) neither party has at the time of registration more than one spouse living; (c) neither party is an idiot or a lunatic at the time of registration; (d) the parties have completed the age of twenty-one years at the time of registration; (e) the parties are not within the degrees of prohibited relationship: Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and (f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
Procedure for registration
On a joint application, the Marriage Officer gives prescribed public notice, allows 30 days for objections, hears any received, and — if satisfied of §15 compliance — enters a certificate (Fifth Schedule) signed by the couple and three witnesses.
Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.
Appeals from orders under section 16
Any aggrieved person may appeal a refusal of registration to the district court within 30 days; the decision is final and binds the Marriage Officer.
Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.
Effect of registration of marriage under this Chapter
From the date of entry the marriage is deemed solemnised under this Act; children born after the ceremony are legitimised (with the usual rights-against-third-party caveat); subject only to §24(2) which lets a wrongly-registered marriage be voided.
Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents: Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.