Special Marriage Act, 1872

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1
 
of 
9
 
 
 
 
 
 
 
 
THE SPECIAL MARRIAGE ACT, 1872
 
 
 
CONTENTS
 
 
PRELIMINERY
 
 
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 Registr
ar.
 
 
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 suits
 
 
8.
 
Certificate of filing of suit to be lodged with Registrar.
 
 
9.
 
Court may fine when objec
tion not reasonable.
 
 
10.
 
Declaration by parties and witnesses.
 
 
11.
 
Marriage how to be solemnized.
 
 
12.
 
Place where marriage may be solemnized.
 
 
13.
 
Certificate of marriage.
 
 
13A. 
 
Transmission of certified copies of entries in Marriage Certificate Book t
o the Registrar 
 
General of Births, Deaths and Marriages.
 
 

 
Page 
2
 
of 
9
 
 
14.
 
Fees.
 
 
15.
 
Penalty on married person marrying again under Act.
 
 
16.
 
Punishment of bigamy.
 
 
17.
 
Divorce Act to apply.
 
 
18.
 
Law to apply to issue of marriages under Act.
 
 
19.
 
Saving of marriages 
solemnized otherwise than under Act.
 
 
20.
 
[
Repealed.
]
 
 
21.
 
Penalty for signing declarations or certificates containing false statements.
 
 
22.
 
Effect of certain marriages on coparcenary.
 
 
23.
 
Rights of succession in certain cases of marriages under Act.
 
 
24
.
 
Succession to the property of parties married under Act.
 
 
25.
 
Person marrying under Act not to have right of adoption.
 
 
26.
 
Adoption by father of person marrying under Act
.
 
 
FIRST SCHEDULE
 
NOTICE OF MARRIAGE
 
 
SECOND SCHEDULE
 
DECLARATION TO BE MADE BY THE
 
BRIDEGROOM AND BRIDE
 
 
THIRD SCHEDULE
 
REGISTRAR’S CERTIFICATE
 
 
FOURTH SCHEDULE
 
[REPEALED]
 
 
Page 
3
 
of 
9
 
 
1
THE
 
SPECIAL
 
MARRIAGE
 
ACT,
 
1872
 
 
2
A
CT
 
No.
 
III
 
OF
 
1872
 
 
 
[
22
nd
 
March,
 
1872
]
 
 
An
 
Act
 
to
 
provide
 
a
 
form
 
of
 
Marriage
 
in
 
certain
 
cases
 
 
 
Preamble
.
 
WHEREAS
 
it
 
is
 
expedient
 
to
 
provide
 
a
 
form
 
of
 
marriage
 
for
 
persons
 
who
 
do
 
not
 
profess
 
the
 
Christian,
 
Jewish,
 
Hindu,
 
Muhammadan,
 
Parsi,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion,
 
3
[and
 
for
 
persons
 
who
 
profess
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion]
 
and
 
to
 
legalize
 
certain
 
marriages
 
th
e
 
validity
 
of
 
which
 
is
 
doubtful
;
 
It
 
is
 
hereby
 
enacted
 
as
 
follows:
 
 
 
4
[1.
 
Local
 
extent
.
 
This
 
Act
 
extends
 
to
 
the
 
whole
 
of
 
Pakistan.]
 
 
 
2. 
Conditions
 
upon
 
which
 
marriages
 
under
 
Act
 
may
 
be
 
celebrated
.
 
Marriages
 
may
 
be
 
celebrated
 
under
 
this
 
Act
 
between
 
persons
 
neither
 
of
 
whom
 
professes
 
the
 
Christian
 
or
 
the
 
Jewish,
 
or
 
the
 
Hindu
 
or
 
the
 
5
[Muslim],
 
or
 
the
 
Parsi
 
or
 
the
 
Buddhist,
 
or
 
the
 
Sikh
 
or
 
the
 
Jaina
 
religion,
 
6
[or
 
between
 
persons
 
each
 
of
 
whom
 
professes
 
one
 
or
 
other
 
of
 
the
 
following
 
religions,
 
that
 
is
 
to
 
say,
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion]
 
upon
 
the
 
following
 
conditions:
__
 
 
(1)
 
 
neither
 
party
 
must,
 
at
 
the
 
time
 
of
 
the
 
marriage,
 
have
 
a
 
husband
 
or
 
wife
 
living:
 
 
(2)
 
the
 
man
 
must
 
have
 
completed
 
his
 
age
 
of
 
eighteen
 
years,
 
and
 
the
 
woman
 
her
 
age
 
of
 
fourteen
 
years,
 
acc
ording
 
to
 
the
 
Gregorian
 
calendar:
 
 
(3)
 
each
 
party
 
must,
 
if
 
he
 
or
 
she
 
has
 
not
 
completed
 
the
 
age
 
of
 
twenty-one
 
years,
 
have
 
obtained
 
the
 
consent
 
of
 
his
 
or
 
her
 
father
 
or
 
guardian
 
to
 
the
 
marriage:
 
 
(4)
 
the
 
parties
 
must
 
not
 
be
 
related
 
to
 
each
 
other
 
in
 
any
 
degree
 
of
 
cons
anguinity
 
or
 
affinity
 
which
 
would,
 
according
 
to
 
any
 
law
 
to
 
which
 
either
 
of
 
them
 
is
 
subject,
 
render
 
a
 
marriage
 
between
 
them
 
illegal.
 
 
 
1
st
 
Proviso
.
__
 
No
 
such
 
law
 
or
 
custom,
 
other
 
than
 
one
 
relating
 
to
 
consanguinity
 
or
 
affinity,
 
shall
 
prevent
 
them
 
from
 
marryi
ng.
 
 
 
2
nd
 
Proviso
.
__
 
No
 
law
 
or
 
custom
 
as
 
to
 
consanguinity
 
shall
 
prevent
 
them
 
from
 
marrying,
 
unless
 
a
 
relationship
 
can
 
be
 
traced
 
between
 
the
 
parties
 
through
 
some
 
common
 
ancestor,
 
who
 
stands
 
to
 
each
 
of
 
them
 
in
 
a
 
nearer
 
relationship
 
than
 
that
 
of
 
great-great-g
rand-father
 
or
 
great-great-grand
 
mother,
 
or
 
unless
 
one
 
of
 
the
 
parties
 
is
 
the
 
lineal
 
ancestor,
 
or
 
the
 
brother
 
or
 
sister
 
of
 
some
 
lineal
 
ancestor,
 
of
 
the
 
other.
 
 
1
Short
 
title
 
given
 
by
 
the
 
Short
 
Title
 
Act,
 
1897
 
(14
 
of
 
1897)
 
2
There
 
was
 
no
 
Statement
 
of
 
Objects
 
a
nd
 
Reasons
;
 
the
 
Bill
 
as
 
introduced
 
was
 
published
 
in
 
the
 
Gazette
 
of
 
India,
 
1868,
 
p.
 
1403
;
 
for
 
the
 
Report
 
of
 
the
 
Select
 
Committee,
 
dated
 
21st
 
December
 
1871,
 
see
 
ibid.,
 
1871.,
 
Pt.
 
V,
 
p.
 
519
 
;
 
for
 
discussions
 
in
 
Council,
 
see
 
ibid.,
 
1868,
 
Supplement,
 
 
pp.890
 
an
d
 
1197
;
 
ibid.,1871,
 
Extra.,
 
Supplement,
 
pp.
 
16
 
and
 
42
 
;
 
ibid.,
 
1872,
 
Supplement,
 
pp.
 
2,
 
57,
 
193
 
and
 
261.
 
This
 
Act
 
has
 
been
 
declared
 
in
 
force
 
in
 
Balochistan
 
by
 
the
 
British
 
Balochistan
 
Laws
 
Regulation,
 
1913
 
(2
 
of
 
1913),
 
s.
 
3.
 
This
 
Act
 
has
 
been
 
extended
 
to
 
th
e
 
Leased
 
Areas
 
of
 
Balochistan,
 
see
 
the
 
Leased
 
Areas
 
(Laws)
 
Order,
 
1950
 
(G.G.O.
 
3
 
of
 
1950)
 
;
 
and
 
also
 
applied
 
in
 
the
 
Federated
 
Areas
 
of
 
Balochistan,
 
see
 
Gazette
 
of
 
India,
 
1937,
 
Pt.
 
I,
 
p.
 
1499.
 
3
Ins.
 
by
 
the
 
Special
 
Marriage
 
(Armdt.)
 
Act,
 
1923
 
(30
 
of
 
1923),
 
s
.2.
 
4
This
 
section
 
has
 
successively
 
been
 
amended
 
by
 
the
 
Repealing
 
Act,
 
1874
 
(16
 
of
 
1874),
 
s.
 
1
 
and
 
Sch.,
 
Pt.
 
I,
 
A.
 
O.,
 
1949
 
;
 
and
 
the
 
Central
 
Laws
 
(Statute
 
Reform)
 
Ordinance,
 
1960
 
(21
 
of
 
1960),
 
s.
 
3
 
and
 
2nd
 
Sch.
 
(with
 
effect
 
from
 
the
 
14th
 
October,
 
1955),
 
to
 
read
 
as
 
above.
 
5
Subs.
 
by
 
F.A.O.,
 
1975,
 
Art.
 
2
 
and
 
Table
 
for
 
"Muhammadan”.
 
6
Ins.
 
by
 
Act
 
30
 
of
 
1923,
 
s.
 
3.
 
 
Page 
4
 
of 
9
 
 
 
3. 
Appointment
 
of
 
Marriage
 
Registrars
.
 
The
1
[Provincial
 
Government]
 
may
 
appoint
 
one
 
or
 
more
 
Registrars
 
under
 
this
 
Act,
 
either
 
by
 
name
 
or
 
as
 
holding
 
an
y
 
office
 
for
 
the
 
time
 
being,
 
for
 
any
 
portion
 
of
 
the
 
territory
 
subject
 
to
 
its
 
administration.
 
The
 
officer
 
so
 
appointed
 
shall
 
be
 
called
 
“Registrar
 
of
 
Marriages
 
under
 
Act
 
III
 
of
 
1872,”
 
and
 
is
 
hereinafter
 
referred
 
to
 
as
 
“the
 
Registrar”.
 
The
 
portion
 
of
 
territor
y
 
for
 
which
 
any
 
such
 
officer
 
is
 
appointed
 
shall
 
be
 
deemed
 
his
 
district.
 
 
 
4. 
One
 
of
 
the
 
parties
 
to
 
intended
 
marriage
 
to
 
give
 
notice
 
to
 
Registrar
.
 
When
 
a
 
marriage
 
is
 
intended
 
to
 
be
 
solemnized
 
under
 
this
 
Act,
 
one
 
of
 
the
 
parties
 
must
 
give
 
notice
 
in
 
writing
 
to
 
the
 
Registrar
 
before
 
whom
 
it
 
is
 
to
 
be
 
solemnized.
 
 
 
The
 
Registrar
 
to
 
whom
 
such
 
notice
 
is
 
given
 
must
 
be
 
the
 
Registrar
 
of
 
a
 
district
 
within
 
which
 
one
 
at
 
least
 
of
 
the
 
parties
 
to
 
the
 
marriage
 
has
 
resided
 
for
 
fourteen
 
days
 
before
 
such
 
notice
 
is
 
given.
 
 
 
Such
 
n
otice
 
may
 
be
 
in
 
the
 
form
 
given
 
in
 
the
 
first
 
schedule
 
to
 
this
 
Act.
 
 
 
5. 
Notice
 
to
 
be
 
filed
 
and
 
copy
 
entered
 
in
 
the
 
Marriage
 
Notice
 
Book
.
 
The
 
Registrar
 
shall
 
file
 
all
 
such
 
notices
 
and
 
keep
 
them
 
with
 
the
 
records
 
of
 
his
 
office,
 
and
 
shall
 
also
 
forthwith
 
enter
 
a
 
true
 
copy
 
of
 
every
 
such
 
notice
 
in
 
a
 
book
 
to
 
be
 
for
 
that
 
purpose
 
furnished
 
to
 
him
 
by
 
the
 
2
[Provincial
 
Government],
 
to
 
be
 
called
 
the
 
“Marriage
 
Notice
 
Book
 
under
 
Act
 
III
 
of
 
1872,"
 
and
 
such
 
book
 
shall
 
be
 
open
 
at
 
all
 
reasonable
 
times,
 
without
 
fee,
 
to
 
all
 
perso
ns
 
desirous
 
of
 
inspecting
 
the
 
same.
 
 
 
6. 
Objection
 
to
 
Marriage
.
 
Fourteen
 
days
 
after
 
notice
 
of
 
an
 
intended
 
marriage
 
has
 
been
 
given
 
under
 
section
 
4,
 
such
 
marriage
 
may
 
be
 
solemnized,
 
unless
 
it
 
has
 
been
 
previously
 
objected
 
to
 
in
 
the
 
manner
 
hereinafter
 
mentione
d.
 
 
 
Any
 
person
 
may
 
object
 
to
 
any
 
such
 
marriage
 
on
 
the
 
ground
 
that
 
it
 
would
 
contravene
 
some
 
one
 
or
 
more
 
of
 
the
 
conditions
 
prescribed
 
in
 
clauses
 
(1),
 
(2),
 
(3)
 
or
 
(4)
 
of
 
section
 
2.
 
 
 
The
 
nature
 
of
 
the
 
objection
 
made
 
shall
 
be
 
recorded
 
in
 
writing
 
by
 
the
 
Regist
rar
 
in
 
the
 
register,
 
and
 
shall,
 
if
 
necessary,
 
be
 
read
 
over
 
and
 
explained
 
to
 
the
 
person
 
making
 
the
 
objection,
 
and
 
shall
 
be
 
signed
 
by
 
him
 
or
 
on
 
his
 
behalf.
 
 
 
7. 
Procedure
 
on
 
receipt
 
of
 
objection
.
 
On
 
receipt
 
of
 
such
 
notice
 
of
 
objection
 
the
 
Registrar
 
shall
 
not
 
proceed
 
to
 
solemnize
 
the
 
marriage
 
until
 
the
 
lapse
 
of
 
fourteen
 
days
 
from
 
the
 
receipt
 
of
 
such
 
objection,
 
if
 
there
 
be
 
a
 
Court
 
of
 
competent
 
jurisdiction
 
open
 
at
 
the
 
time,
 
or,
 
if
 
there
 
be
 
no
 
such
 
Court
 
open
 
at
 
the
 
time,
 
until
 
the
 
lapse
 
of
 
fourteen
 
days
 
from
 
th
e
 
opening
 
of
 
such
 
Court.
 
 
 
8. 
Objector
 
may
 
file
 
suit
.
 
The
 
person
 
objecting
 
to
 
the
 
intended
 
marriage
 
may
 
file
 
a
 
suit
 
in
 
any
 
Civil
 
Court
 
having
 
local
 
jurisdiction
 
(other
 
than
 
a
 
Court
 
of
 
Small
 
Causes)
 
for
 
a
 
declaratory
 
decree,
 
declaring
 
that
 
such
 
marriage
 
wou
ld
 
contravene
 
some
 
one
 
or
 
more
 
of
 
the
 
conditions
 
prescribed
 
in
 
clauses
 
(1),
 
(2),
 
(3)
 
or
 
(4)
 
of
 
section
 
2.
 
 
 
9. 
Certificate
 
of
 
filling
 
of
 
suit
 
to
 
be
 
lodged
 
with
 
Registrar
.
 
The
 
officer
 
before
 
whom
 
such
 
suit
 
is
 
filed
 
shall
 
thereupon
 
give
 
the
 
person
 
presenting
 
it
 
a
 
certificate
 
to
 
the
 
effect
 
that
 
such
 
suit
 
has
 
been
 
filed.
 
If
 
such
 
certificate
 
be
 
lodged
 
with
 
the
 
registrar
 
within
 
fourteen
 
days
 
from
 
the
 
receipt
 
of
 
notice
 
of
 
objection, if there be a Court of competent jurisdiction open at the time, or, if there be no
 
such Court open at the time, within fourteen days of the opening of such Court, the marriage shall 
not be solemnized till the decision of such Court has been given and the period allowed by law for 
appeals from such decision has 
elapsed
; or, if there be an appeal from such decision, till the decision 
of the Appellate Court has been given.
 
 
1
Subs.
 
by
 
A.
 
O.,
 
1937,
 
for
 
"L.
 
G.”.
 
2
Subs.
 
ibid.,
 
for
 
“Govt.”.
 
 
Page 
5
 
of 
9
 
 
 
If
 
such
 
certificate
 
be
 
not
 
lodged
 
in
 
the
 
manner
 
and
 
within
 
the
 
period
 
prescribe
d
 
in
 
the
 
last
 
preceding
 
paragraph,
 
or
 
if
 
the
 
decision
 
of
 
the
 
Court
 
be
 
that
 
such
 
marriage
 
would
 
not
 
contravene
 
anyone
 
or
 
more
 
of
 
the
 
conditions
 
prescribed
 
in
 
clauses
 
(1),
 
(2),
 
(3)
 
or
 
(4)
 
of
 
section
 
2,
 
such
 
marriage
 
may
 
be
 
solemnized.
 
 
 
If
 
the
 
decision
 
of
 
su
ch
 
Court
 
be
 
that
 
the
 
marriage
 
in
 
question
 
would
 
contravene
 
anyone
 
or
 
more
 
of
 
the
 
conditions
 
prescribed
 
in
 
clauses
 
(1),
 
(2),
 
(3)
 
or
 
(4)
 
of
 
section
 
2,
 
the
 
marriage
 
shall
 
not
 
be
 
solemnized.
 
 
 
10. 
Court
 
may
 
fine
 
when
 
objection
 
not
 
reasonable
.
 
Any
 
Court
 
in
 
whic
h
 
any
 
such
 
suit
 
as
 
is
 
referred
 
to
 
in
 
section
 
7
 
is
 
filed
 
may,
 
if
 
it
 
shall
 
appear
 
to
 
it
 
that
 
the
 
objection
 
was
 
not
 
reasonable
 
and
 
bona
 
fide,
 
inflict
 
a
 
fine,
 
not
 
exceeding
 
one
 
thousand
 
rupees,
 
on
 
the
 
person
 
objecting,
 
and
 
award
 
it,
 
or
 
any
 
part
 
of
 
it,
 
to
 
the
 
p
arties
 
to
 
the
 
intended
 
marriage.
 
 
 
11. 
Declaration
 
by
 
parties
 
and
 
witnesses
.
 
Before
 
the
 
marriage
 
is
 
solemnized,
 
the
 
parties
 
and
 
three
 
witnesses
 
shall,
 
in
 
the
 
presence
 
of
 
the
 
Registrar,
 
sign
 
a
 
declaration
 
in
 
the
 
form
 
contained
 
in
 
the
 
second
 
schedule
 
to
 
this
 
Act.
 
If
 
either
 
party
 
has
 
not
 
completed
 
the
 
age
 
of
 
twenty-one
 
years,
 
the
 
declaration
 
shall
 
also
 
be
 
signed
 
by
 
his
 
or
 
her
 
father
 
or
 
guardian,
 
except
 
in
 
the
 
case
 
of
 
a
 
widow,
 
and,
 
in
 
every
 
case,
 
it
 
shall
 
be
 
countersigned
 
by
 
the
 
Registrar.
 
 
 
12. 
Marriage
 
how
 
to
 
be
 
solemnized
.
 
The
 
marriage
 
shall
 
be
 
solemnized
 
in
 
the
 
presence
 
of
 
the
 
Registrar
 
and
 
of
 
the
 
three
 
witnesses
 
who
 
signed
 
the
 
declaration.
 
It
 
may
 
be
 
solemnized
 
in
 
any
 
form,
 
provided
 
that
 
each
 
party
 
says
 
to
 
the
 
other,
 
in
 
the
 
presence
 
and
 
hearing
 
of
 
the
 
Regist
rar
 
and
 
witnesses,
 
“I[A],
 
take
 
thee
 
[
B
]
,
 
to
 
be
 
my
 
lawful
 
wife
 
(or
 
husband.)”
 
 
 
13. 
Place
 
where
 
marriage
 
may
 
be
 
solemnized
.
 
The
 
marriage
 
may
 
be
 
celebrated
 
either
 
at
 
the
 
office
 
of
 
the
 
Registrar
 
or
 
at
 
such
 
other
 
place,
 
within
 
reasonable
 
distance
 
of
 
the
 
office
 
of
 
the
 
Registrar,
 
as
 
the
 
parties
 
desire:
 
Provided
 
that
 
the
 
l
[Provincial
 
Government]
 
may
 
prescribe
 
the
 
conditions
 
under
 
which
 
such
 
marriages
 
may
 
be
 
solemnized
 
at
 
places
 
other
 
than
 
the
 
Registrar’s
 
office,
 
and
 
the
 
additional
 
fees
 
to
 
be
 
paid
 
thereupon
2
.
 
 
 
13.
 
Certificate
 
of
 
marriage
.
 
When
 
the
 
marriage
 
has
 
been
 
solemnized,
 
the
 
Registrar
 
shall
 
enter
 
a
 
certificate
 
there
 
of
 
in
 
a
 
book
 
to
 
be
 
kept
 
by
 
him
 
for
 
that
 
purpose
 
and
 
to
 
be
 
called
 
the
 
“Marriage
 
Certificate
 
Book
 
under
 
Act
 
III
 
of
 
1872,”
 
in
 
the
 
form
 
given
 
in
 
the
 
third
 
schedule
 
to
 
this
 
Act,
 
and
 
such
 
certificate
 
shall
 
be
 
signed
 
by
 
the
 
parties
 
to
 
the
 
marriage
 
and
 
the
 
three
 
witnesses.
 
 
 
3
[13A.
 
Transmission
 
of
 
certified
 
copies
 
of
 
entries
 
in
 
marriage
 
certificate
 
book
 
to
 
the
 
Registrar
 
General
 
of
 
Births,
 
Deaths
 
and
 
Marria
ges
.
 
The
 
Registrar
 
shall
 
send
 
to
 
the
 
Registrar
 
General of Births, Deaths and Marriages for the territories within which his district is situate, at such 
interval as the 
4
[Provincial Government] from time to time directs
5
, a true copy certified by him, in 
s
uch form as the 
4
[Provincial Government] from time to time prescribes, of all entries made by him 
in the said marriage-certificate book since the last of such intervals
6
.]
 
 
 
1
Subs.
 
by
 
A.
 
O.,
 
1937,
 
for
 
“
 
L.
 
G.”.
 
2
For
 
rules
 
framed
 
under
 
this
 
section,
 
see
 
the
 
different
 
Local
 
Rules
 
and
 
Orders.
 
3
S.
 
13A
 
ins.
 
by
 
the
 
Births,
 
Deaths
 
and
 
Marriages
 
Registration
 
Act,
 
1886
 
(6
 
of
 
1886),
 
s.
 
29.
 
4
Subs. by A.O., 1937, for “L.G.” which had been subs. for “G.G. in C.” by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch.
 
I.
 
5
For orders issued under this section, see Gazette of India, 1889, Supplement, p. 921.
 
6
As to duty of the Registrar General to make and keep indexes of the certified copies sent to his office under this section, s
ee the Births, Deaths and 
Marriages Regist
ration Act, 1886 (6 of 1886), s. 7.
 
 
Page 
6
 
of 
9
 
 
 
14. 
Fees
.
 
The
 
1
[Provincial
 
Government]
 
shall
 
prescribe
 
the
 
fees
 
to
 
be
 
paid
 
to
 
the
 
Registrar
 
for
 
the
 
duties
 
to
 
be
 
discharged
 
by
 
him
 
under
 
this
 
Act
2
.
 
 
 
The
 
Registrar
 
may,
 
if
 
he
 
thinks
 
fit,
 
demand
 
payment
 
of
 
any
 
such
 
fee
 
b
efore
 
the
 
solemnization
 
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
 
s
tatements
 
therein
 
contained.
 
Certified
 
extracts
 
there
 
from
 
shall
 
on
 
application
 
be
 
given
 
by
 
the
 
Registrar
 
on
 
the
 
payment
 
to
 
him
 
by
 
the
 
applicant
 
of
 
a
 
fee
 
to
 
be
 
fixed
 
by
 
the
 
4
[Provincial
 
Government]
 
for
 
each
 
such
 
extract.
 
 
 
15. 
Penalty
 
on
 
married
 
person
 
mar
rying
 
again
 
under
 
Act
.
 
Every
 
person
 
who,
 
being
 
at
 
the
 
time
 
married,
 
procures
 
a
 
marriage
 
of
 
himself
 
to
 
be
 
solemnized
 
under
 
this
 
Act,
 
shall
 
be
 
deemed
 
to
 
have
 
committed
 
an
 
offence
 
under
 
section
 
494
 
or
 
section
 
495
 
of
 
the
 
Pakistan
 
Penal
 
Code
 
(XLV
 
of
 
1860),
 
as
 
t
he
 
case
 
may
 
be
;
 
and
 
the
 
marriage
 
so
 
solemnized
 
is
 
void.
 
 
 
16. 
Punishment
 
of
 
bigamy
.
 
Every
 
person
 
married
 
under
 
this
 
Act
 
who,
 
during
 
the
 
life
 
time
 
of
 
his
 
or
 
her
 
wife
 
or
 
husband,
 
contracts
 
any
 
other
 
marriage,
 
shall
 
be
 
subject
 
to
 
the
 
penalties
 
provided
 
in
 
sec
tions
 
494
 
and
 
495
 
of
 
the
 
Pakistan
 
Penal
 
Code
 
(XLV
 
of
 
1860)
 
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. 
Divorce
 
Act
 
to
 
apply
.
 
T
he
 
Divorce
 
Act
 
shall
 
apply
 
to
 
all
 
marriages
 
contracted
 
under
 
this
 
Act
 
(IV
 
of
 
1869),
 
and
 
any
 
such
 
marriage
 
may
 
be
 
declared
 
null
 
or
 
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.
 
 
 
18. 
Law
 
to
 
apply
 
to
 
issue
 
of
 
marriages
 
under
 
Act
.
 
The
 
issue
 
of
 
marriages
 
solemnized
 
under
 
this
 
Act
 
shall,
 
if
 
they
 
marry
 
under
 
this
 
Act,
 
be
 
deemed
 
to
 
be
 
subject
 
to
 
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.
 
 
 
19. Savings of marriages solemnized otherwise than under Act
. Nothi
ng in this Act 
contained shall affect the validity of any marriage not solemnized under its provisions
; nor shall this 
Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage
; but, if 
the validity of any such mode sh
all hereafter come into question before any Court, such question 
shall be decided as if this Act had not been passed.
 
 
 
20. [
Registry of marriages contracted before passing of Act.
]
 
Rep. by the Repealing Act,
 
1876 
(XII of
 
1876).
 
 
 
21. Penalty for signing d
eclarations of certificates containing false statements
. Every 
person making, signing or attesting any declaration or certificate prescribed by this Act, containing a 
statement which is false, and which he either knows or believes to be false or does not b
elieve to be 
true, shall be deemed guilty of the offence described in section 199 of the Pakistan Penal Code. 
(XLV
 
of 1860).
 
 
1
Subs.
 
by
 
A.
 
O.,
 
1937,
 
for
 
“the
 
L.
 
G.”.
 
2
For
 
scales
 
of
 
fees
 
to
 
be
 
paid
 
to
 
Registrars
 
of
 
marriages
 
prescribed
 
by
 
different
 
Provincial
 
Governments,
 
see
 
the
 
Local
 
Rules
 
and
 
Orders.
 
 
 
 
 
Page 
7
 
of 
9
 
 
 
1
[22.
 
Effect
 
of
 
certain
 
marriages
 
on
 
cop
arcenary
.
 
The
 
marriage
 
under
 
this
 
Act
 
of
 
any
 
member
 
of
 
an
 
undivided
 
family
 
who
 
professes
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
 
shall
 
be
 
deemed
 
to
 
effect
 
his
 
severance
 
from
 
such
 
family.
 
 
 
23. 
Rights
 
of
 
succession
 
in
 
certain
 
cases
 
of
 
marriages
 
under
 
Ac
t
.
 
A
 
person
 
professing
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
 
who
 
marries
 
under
 
this
 
Act
 
shall
 
have
 
the
 
same
 
rights
 
and
 
be
 
subject
 
to
 
the
 
same
 
disabilities
 
in
 
regard
 
to
 
any
 
right
 
of
 
succession
 
to
 
any
 
property
 
as
 
a
 
person
 
to
 
whom
 
the
 
Caste
 
Disabilities
 
Removal
 
Act,
 
1850
 
(
XXI
 
of
 
1850
),
 
applies:
 
 
 
Provided
 
that
 
nothing
 
in
 
this
 
section
 
shall
 
confer
 
on
 
any
 
person
 
any
 
right
 
to
 
any
 
religious
 
office
 
or
 
service,
 
or
 
to
 
the
 
manage
ment
 
of
 
any
 
religious
 
or
 
charitable
 
trust.
 
 
 
24. 
Succession
 
to
 
the
 
property
 
of
 
parties
 
married
 
under
 
Act
.
 
Succession
 
to
 
the
 
property
 
of
 
any
 
person
 
professing
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
 
who
 
marries
 
under
 
this
 
Act,
 
and
 
to
 
the
 
property
 
of
 
the
 
issue
 
of
 
such
 
marriage,
 
shall
 
be
 
regulated
 
by
 
the
 
provisions
 
of
 
the
 
[Succession
 
Act,
 
1925
 
(
XXXIX
 
of
 
1925
)]
2
.
 
 
 
25. 
Person
 
marrying
 
under
 
Act
 
not
 
to
 
have
 
right
 
of
 
adoption
.
 
No
 
person
 
professing
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
 
who
 
marries
 
under
 
this
 
Act
 
shall
 
have
 
any
 
right
 
of
 
adoption.
 
 
 
26. 
Adoption
 
by
 
father
 
or
 
person
 
marrying
 
under
 
Act
.
 
When
 
a
 
person
 
professing
 
the
 
Hindu,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
 
marries
 
u
nder
 
this
 
Act,
 
his
 
father
 
shall,
 
if
 
he
 
has
 
no
 
other
 
son
 
living,
 
have
 
the
 
right
 
to
 
adopt
 
another
 
person
 
as
 
a
 
son
 
under
 
the
 
law
 
to
 
which
 
he
 
is
 
subject.]
 
 
FIRST SCHEDULE
 
(
See
 
section 4)
 
NOTICE OF MARRIAGE
 
 
 
To 
                                       
a Registra
r 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 (tha
t is to say):
–
 
 
Names
 
Condition
 
Rank or
 
Age
 
Dwelling place
 
Length of residence
 
 
 
profession
 
 
 
 
 
 
 
 
 
 
A B
 
Unmarried
 
Landowner
 
Of full age
 
..
 
23 days
 
 
Widower
 
 
 
 
 
 
 
 
 
 
 
C D
 
Spinster
 
..
 
Minor
 
..
 
..
 
 
 
 
 
 
 
 
Witness my hand, this 
                      
                      
day
                                       
 
of 187.
 
 
 
 
(Signed) A. B.
 
 
1
22
 
to
 
26
 
were
 
added
 
by
 
the
 
Special
 
Marriage
 
(Amdt.)
 
Act,
 
1923
 
(30
 
of
 
1923),
 
s.
 
4.
 
2
Subs.
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Ordinance,
 
1981(27
 
of
 
1981)
,
 
s.
 
3
 
and
 
2nd
 
Sch.
 
for
 
“Indian
 
Succession
 
Act,
 
1865".
 
 
Page 
8
 
of 
9
 
 
SECOND
 
SCHEDULE
 
(
See
 
section
 
10)
 
 
DECLARATION
 
TO
 
BE
 
MADE
 
BY
 
THE
 
BRIDEGROOM
 
 
 
I,
 
A,
 
B
,
 
hereby
 
declare
 
as
 
follows:
–
 
 
(1)
 
I
 
am
 
at
 
the
 
present
 
time
 
unmarried:
 
 
(2)
 
I
 
do
 
not
 
profess
 
the
 
Christian,
 
Jewish,
 
Hindu,
 
Mu
hammadan,
 
Parsi,
 
Buddhist,
 
Sikh
 
or
 
Jaina
 
religion
;
 
1
[or
 
(as
 
the
 
case
 
may
 
be)
 
I
 
profess
 
the
 
Hindu,
 
or
 
the
 
Buddhist,
 
or
 
the
 
Sikh,
 
or
 
the
 
Jaina
 
religion].
 
 
(3)
 
I
 
have
 
completed
 
my
 
age
 
of
 
eighteen
 
years:
 
 
(4)
 
I
 
am
 
not
 
related
 
to
 
CD
 
[
the
 
bride
]
 
in
 
any
 
degree
 
of
 
consanguinity
 
or
 
affinity
 
which
 
would,
 
according
 
to
 
the
 
law
 
to
 
which
 
I
 
am
 
subject,
 
or
 
to
 
which
 
the
 
said
 
CD
 
is
 
subject,
 
and
 
subject
 
to
 
the
 
provisos of clause (4) of section 2 of Act III of 1872, render a marriage between us 
illegal:
 
 
 
[
And when the bridegroom has not completed his age of twenty one years
:
 
 
 
The consent of my father [
or
 
guardian, 
as the case may be
] has been given to a marriage 
between myself and 
CD,
 
and has not been revoked:]
 
 
 
I am aware that, if any statement in this declaration is false, and if in making such statement I 
either know or
 
believe it to be false, or do not believe it to be true, I am liable to imprisonment, and 
also to fine.
 
 
 
(Signed) A B
 
[
the bridegroom
]
 
 
DECLARATION TO BE MADE BY THE BRIDE
 
 
(1)
 
I, C 
D,
 
hereby declare as follows:
__
 
 
(2)
 
I am at the present time unmarried:
 
 
(3)
 
I do n
ot profess the Christian, Jewish, Hindu, Muhammadan, Parsi, Buddhist, Sikh or 
Jaina religion: 
l
[or (as the case may be) I profess the Hindu, or the Buddhist, or the Sikh, 
or the Jaina religion].
 
 
(4)
 
I have completed my age of fourteen years:
 
 
 
I am not related to 
A B
 
[
the bridegroom
] in any degree of consanguinity or affinity which 
would, according to the law to which I am subject, or to which the said 
A B
 
is subject, and subject to 
the provisos of clause (4) of section 2 of Act III of 1872, ren
der a marriage between us illegal:
 
 
 
[
And when the bride has not completed her age of twenty one years, unless she is a widow:
 
 
(5)
 
The consent of 
M N,
 
my father [
or
 
guardian, 
as the case may be
] has been given to a 
marriage between myself and 
A B
 
and has not 
been revoked:]
 
1
Ins.
 
by
 
the
 
Special
 
Marriage
 
(Amdt.)
 
Act,
 
1923
 
(30
 
of
 
1923),
 
s.
 
5.
 
 
Page 
9
 
of 
9
 
 
 
I
 
am
 
aware
 
that,
 
if
 
any
 
statement
 
in
 
this
 
declaration
 
is
 
false,
 
and
 
if
 
in
 
making
 
such
 
statement,
 
I
 
either
 
know
 
or
 
believe
 
it
 
to
 
be
 
false,
 
or
 
do
 
not
 
believe
 
it
 
to
 
be
 
true,
 
I
 
am
 
liable
 
to
 
imprisonment,
 
and
 
also
 
to
 
fine.
 
 
 
(Signed)
 
C
 
D
 
[
the
 
bride
]
 
Signed
 
in
 
our
 
presence
 
by
 
the
 
above-named
 
A
 
B
 
and
 
CD:
 
 
 
 
 
 
 
           
G
 
H,
 
 
 
 
 
 
 
I
 
J,
 
[three
 
witnesses]
 
 
 
 
 
 
 
K
 
L,
 
 
 
[
And
 
when
 
the
 
bridegroom
 
or
 
bride
 
has
 
not
 
completed
 
the
 
age
 
of
 
tw
enty­one
 
years,
 
except
 
in
 
the
 
case
 
of
 
a
 
widow:
 
 
 
Signed
 
in
 
my
 
presence
 
and
 
with
 
my
 
consent
 
by
 
the
 
above-named
 
A
 
B
 
and
 
C
 
D:
 
 
M.
 
N.,
 
the
 
father
 
[or
 
guardian]
 
of
 
the
 
above-named
 
A
 
B(
 
or
 
CD,
 
as
 
the
 
case
 
may
 
be).
]
 
 
(Countersigned)
 
E
 
F,
 
Registrar
 
of
 
Marriages
 
un
der
 
Act
 
III
 
of
 
1872
 
for
 
the
 
District
 
of
 
 
Dated
 
the
 
                      
day
 
of
 
         
18.
 
 
THIRD
 
SCHEDULE
 
(See
 
section
 
13)
 
REGISTRAR’S
 
CERTIFICATE
 
 
 
I,
 
E
 
F,
 
certify
 
that,
 
on
 
the
 
                          
of
             
 
18,
 
appeared
 
before
 
me
 
A
 
B
 
and
 
C
 
D,
 
each
 
of
 
whom
 
in
 
my
 
presence
 
and
 
in
 
the
 
presence
 
of
 
three
 
credible
 
witnesses,
 
whose
 
names
 
are
 
signed
 
hereunder,
 
made
 
the
 
declarations
 
required
 
by
 
Act
 
III
 
of
 
1872,
 
and
 
that
 
a
 
marriage
 
under
 
the
 
said
 
Act
 
was
 
solemnized
 
between
 
them
 
in
 
my
 
presence.
 
 
 
(Signe
d)
 
E
 
F,
 
Registrar
 
of
 
Marriages
 
under
 
Act
 
III
 
of
 
1872,
 
for
 
the
 
District
 
of
 
 
(Signed)
 
A
 
B,
 
C
 
D.
 
G
 
H,
 
 
 
     
I
 
J,
 
[three
 
witnesses]
 
  
K
 
L,
 
 
Dated
 
the
 
                  
day
 
of
                
 
18.
 
 
FOURTH
 
SCHEDULE
 
[
Rep.
 
by
 
the
 
Repealing
 
Act
,
 
1876
 
(XII
 
of
 
1876).
]
 
 
______________
 
Date: 16
-
09
-
2024