The Special Marriage Act, 1872
The Special Marriage Act, 1872
CONTENTS
PREAMBLE
SECTIONS
1. Local extent
2. Conditions upon which marriages under Act may be
celebrated
3. Appointment of Marriage Registrars
4. One of the parties to intended marriage to give notice to
Registrar
5. Notice to be filed and copy entered in the Marriage Notice
Book
6. Objection to Marriage
7. Procedure on receipt of objection
Objector may file suit
8. Certificate of filing of suit to be lodged with Registrar
9. Court may fine when objection not reasonable
10. Declaration by parties and witnesses
11. Marriage how to be solemnised
12. Place where marriage may be solemnised
13. Certificate of marriage
13A. Transmission of certified copies of entries in Marriage
Certificate Book to the Registrar General of Births, Deaths
and Marriages
14. Fees
15. Penalty on married person marrying again under Act
16. Punishment of bigamy
17. Divorce Act to apply
82 Special Marriage Act, 1872
Throughout this Act, except otherwise provided, the words "Government", "Muslim"
and "Penal Code" were substituted, for the words "Provincial Government",
"Muhammadan" and "Pakistan Penal Code" respectively by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No.
VIII of 1973).
1
The word "Bangladesh" was substituted, for the word "Pakistan" by section 3 and
2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act
No. VIII of 1973).
84 Special Marriage Act, 1872
1 Transmission of
[13A. The Registrar shall send to the Registrar General of
Births, Deaths and Marriages for the territories within which his certified copies
of entries in
district is situate, at such interval as the Government from time marriage-
to time directs, a true copy certified by him, in such form as the certificate book
Government from time to time prescribes, of all entries made by to the Registrar
him in the said marriage-certificate book since the last of such General of
Births, Deaths
intervals.] and Marriages
14. The Government shall prescribe the fees to be paid to Fees
the Registrar for the duties to be discharged by him under this Act.
The Registrar may, if he thinks fit, demand payment of any
such fee before the solemnisation of the marriage or
performance of any other duty in respect of which it is payable.
The said Marriage-Certificate Book shall at all reasonable
times be open for inspection, and shall be admissible as evidence
of the truth of the statements therein contained. Certified extracts
therefrom shall on application be given by the Registrar on the
payment to him by the applicant of a fee to be fixed by the
Government for each such extract.
15. Every person who, being at the time married, procures Penalty on
a marriage of himself to be solemnised under this Act, shall be married person
marrying again
deemed to have committed an offence under section 494 or under Act
section 495 of the Penal Code, as the case may be; and the
marriage so solemnised is void.
16. Every person married under this Act who, during the life Punishment of
time of his or her wife or husband, contracts any other marriage, bigamy
shall be subject to the penalties provided in sections 494 and 495
of the Penal Code for the offence of marrying again during the
lifetime of a husband or wife, whatever may be the religion which
he or she professed at the time of such second marriage.
17. The Divorce Act shall apply to all marriages contracted Divorce Act to
under this Act, and any such marriage may be declared null or apply
dissolved in the manner therein provided, and for the causes
therein mentioned, or on the ground that it contravenes some one
or more of the conditions prescribed in clauses (1), (2), (3) or (4)
of section 2 of this Act.
.
1
Section 13A was inserted by section 29 of the Birth, Deaths and Marriages
Registration Act, 1886 (Act No. VI of 1886).
88 Special Marriage Act, 1872
Law to apply to 18. The issue of marriages solemnised under this Act
issue of
marriages shall, if they marry under this Act, be deemed to be subject to
under Act the law to which their fathers were subject as to the prohibition
of marriages by reason of consanguinity and affinity, and the
provisos to section 2 of this Act shall apply to them.
Saving of 19. Nothing in this Act contained shall affect the validity
marriages
solemnised of any marriage not solemnised under its provisions; nor shall
otherwise than this Act be deemed directly or indirectly to affect the validity of
under Act any mode of contracting marriage; but, if the validity of any
such mode shall hereafter come into question before any Court,
such question shall be decided as if this Act had not been
passed.
FIRST SCHEDULE
(See section 4)
NOTICE OF MARRIAGE
To a Registrar of
Marriages under Act III of 1872 for the District.
I hereby give you notice that a marriage under Act III of 1872
is intended to be had, within three calendar months from the date
hereof, between me and the other party herein named and
described (that is to say):-
(Signed) A. B.
1
The words, comma and figure "Succession Act, 1925" were substituted, for the
words, comma and figure "Indian Succession Act, 1865" by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No.
VIII of 1973).
90 Special Marriage Act, 1872
SECOND SCHEDULE
[And when the bride has not completed her age of twenty one
years, unless she is a widow:
G H,
I J, [three witnesses]
K L,
(Countersigned) E F,
THIRD SCHEDULE
REGISTRAR'S CERTIFICATE
(Signed) E F,
(Signed) A B,
C D.
G H,
I J, [three witnesses].
K L,
________