SPECIAL MARRIAGE (KARNATAKA) 1RULES, 1961

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NOTIFICATION

No. HD. 13MCIM 59(1), dated Bangalore 2nd May 1961 (Vaisakha 12, Saka Era 1983).

In exercise of the powers conferred by Sec. 50 of the Special Marriage Act, 1954 (Central Act. 43 of 1954) the Government of Karnataka hereby makes the following Rules:-

1. 1) These Rules may be called the Special Marriage Karnataka Rules, 1961.

2) They shall extend to the whole of the State of Karnataka.

2. In these Rules :-
3. Act means the special Marriage Act, 1954 (Central Act 43, of 1954)
4. Form means a form appended to these Rules;
5. Section means a section of the Act.
6. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
7. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

bound volume, the pages of which are machine numbered consecutively with a nominal index attached. If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present or returned to them by post for rectification and retransmission within a date to be fixed. Every item of rectification shall be attested by both the parties.

(4) The marriage officer may for purpose of satisfying himself that the parties of the intended marriage have attained the age specified in clause (c) of section, 4, require them to produce their Birth Certificate or other satisfactory evidence of age.

5) A true copy of the notice under the seal and signature of the Marriage officer shall be exhibited in a conspicuous place in his office.

6) (1) Where an objection to the solemnization of an intended marriage together with the fee prescribed in rule 10 has been received and recorded by the Marriage Officer, he shall, unless by an order in writing rejects the objection summarily on the ground that the objection is not based on contravention of any of the conditions specified in sec. 4, enquire into the objection on a day to be fixed by him. The day so fixed shall not be later than thirty days from the date of the objection.

(2) The Marriage officer shall, at the time of recording the objection, ascertain from the objector whether he has any documents on which he relies or whether he desires any witness or witnesses to be examined on his behalf. If the objector states that he has, the Marriage officer shall require the objector to produce the documents or the witnesses on the day fixed for the enquiry. If the objector desires that summons shall be issued to the witnessee to appear and give evidences or to produce any document, the Marriage officer shall issue such a summons to the witnesses cited, on payment of the process fee prescribed therefor in rule 10 and the reasonable expenses of travelling and subsistence allowance to the witnesses. The enquiry relating to the objection including the production of documents and the examination of witness shall be completed and the decision of the marriage officer arrived at within the period of thirty days specified in section 8. If, within the prescribed period the documents are not produced and the witnesses do not appear before the marriage officer, the marriage officer shall take a decision without waiting for the production of such documents or the appearance of such witnesses.

(3) The marriage Officer shall also give notice of the date and time fixed for the enquiry to the parties to the intended marriage.

(4) The notice or summons to any party or witness under this rule shall be in Form I or Form II, as the case may be and shall be sent by registered post therefor.

(5) On the date fixed for the enquiry or an any adjourned date, the marriage officer shall record in his own hand the evidence given in the course of the enquiry, his decision on the objection and the reasons therefor.

7) (1) An application under sec. 16 for the registration of a marriage celebrated in other forms shall be in Form III.

(2) Such application shall be presented to the Marriage officer by any one of the parties in persons or sent to him by registered post.

(3) Notice of the application under sub-rule [1] shall be given by the Marriage Officer by exhibiting a true copy thereof under his seal and signature in a conspicuous place outside his office. The notice also shall state that objections, if any, to the registration of the Marriage should be preferred by the objector in person orally or in writing to the Marriage Officer within thirty days from the date on which the notice is exhibited.

(4) Any objection received with in the said period together with the fee prescribed therefor in rule 10 shall be recorded and the enquiry in respect thereto made as nearly as possible in the manner prescribed in rules 6.

8) The Marriage Officer may, on application by both the parties to the marriage, solemnize the same at any place outside his office provided the additional fee prescribed therefor in rule 10 is paid and the hour is not unreasonable.

9) The Marriage Certificate Book shall be a bound volume the pages of which are machine numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and the date, month and year in which the certificate was entered.

10) The following fees shall be levied by the Marriage Officer :-

11. Copy of entries in the Marriage certificate Book which Marriage Officer are required to send under section 48 to the Registrar-General of Births, deaths and Marriages shall be certified in Form IV and shall be sent at intervals of three months on or as early as possible after the 1st of January, April, July and October in each year. If no entries have been made in the book during the proceeding three months, a nil certificate shall be sent to the said Registrar General.
12. The Bombay Special Marriage Rules, 1955, as in force in the Bombay area, the Coorg Special Marriage Rules 1955 as in force in the Coorg District, the Hyderabad special Marriage Rules, 1955 as in force in the Hyderabad area, the Madras Special marriage Rules as in force in the Madras Area and the Mysore special Marriage Rules, as in force in the Mysore area, as hereby repealed :

Provided that the provisions of Section 6 of the General Clauses Act, 1897, (Central Act of 1897), shall be applicable as regards the effects of the repeal of the said rules:

Provided further that anything done or any Action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of these rules :

Form i

See. Rule 6 (4)

notice

(Place)

Before the Marriage Officer in the matter of the special Marriage Act 1954.

In the matter of the intended Marriage between.

between : Application to register the Marriage

AB

and

CD (Give names and Address)

and

EF

OBJECTOR

To.............................

whereas notice of an Intended marriage an application for the registration of the marriage between AB and CD was received by the Marriage Officer on.....................

Whereas EF has preferred certain objections (Setout overleaf) to the Solemnization of the marriage; whereas the Marriage Officer ................. registration.

Will hold an enquiry into the matter of the said objections on ...................... day of ......................19...................... A.M./P.M on the said day together with all documents on which you relay and any witness or withnesses whom you may desire to be examined on your behalf.

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

(Set-Out the objections on the reverse of this notice) should you apprehend that your witness will not attend unless summoned by the Marriage Officer, you should apply to the Marriage Officer for the issue of such summons sufficiently early together with the prescribed process fee and the reasonable expense of travelling and subsistence allowance of the witness.

Given under my hand and seal

Station :

Date : Signature

Marriage Officer (Seal)

Form II

(see. Rule 6 (4)

Summons to Witness

Before the Marriage Officer .......................... (place) in the matter of the Special Marriage Act, 1954, and in the matter of the intended Marriage between/application to register the Marriage between :

AB

CD (Give names and addresses)

and

EF

objector

To

...............................................

whereas your attendance is required to give evidence on behalf of ................................. in the above matter, you are here by required to appear personally before me or to cause to be produced before me the document specified hereunder on the ........................... day of ......................19 A.M/P.M. A sum of Rs. ....................................... being your travelling and other expenses for one day is herewith sent.

If you fail to comply with this summons without lawful>

Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and decided in your absence.

Given under my hand and seal.

Station : (Seal) Marriage Officer.

Date :

FoRm III

( See. Rule 7 (1) )

Application for Registration of a Marriage Under Sec. 15 of The Special Marriage Act, 1954 (Central Act 43 of 1954)

1. Name of the parties AB[husband]
2. Age or date of Birth CD (wife)

Husband.

Wife

3. Permanent dwelling place, if any,
4. Present dwelling place.
5. Relationship, if any, of parties before marriage.
6. A ceremony of marriage was performed between AB and CD on ............. at ....................and AB declare that we have been living together as husband and wife ever since the date noted above.

We hereby declare that:-

(i) Neither of us has more than one spouse living on the date mentioned in this application.

(ii) Neither of us, is an idiot or lunatic.

(iii) Both of us have completed the age of twenty one years on the date of this application.

(iv) We are not within the degree of prohibited relationship; our marriage was celebrated before the commencement of the Special Marriage Act, 1954 (Central Act 43 of 1954) and according to law, custom or usage having the force of law, governing each of us, a marriage between us is permitted, though we are within the degrees of prohibited relationship according to the act as aforesaid.

NOTE : Score out whichever is not applicable.

(v) We have been residing within the jurisdiction of .............................Marriage Officer at .................... for a period of not less than thirty days immediately preceeding the date of this application.

We also declare that all the above particulars are true to the best of our knowledge and belief.

Station :

Date : Signature.

FORM IV

FORM OF CERTIFICATE

Certificated that the above entries from the marriage certificate Book in this office bearing serial No. ....................................are true copies of all the entries in the Marriage Certificate Book kept by me for the three months ending.

or

Certified that no entries have been made in the Marriage Certificate book in this office during the three months ending....................................

Signature

Marriage Officer.

By Order and in the Name of the Governor of Karnataka.

Sd/-

Under Secretary to Government

Home Department

hree months - Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been field under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

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CHAPTER III

Registration of Marriages Celebrated in Other Forms

15. Registration of marriages celebrated in other forms -Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (III 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 with 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.

16. Procedure for registration -Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, theMarriage 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 with 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.
17. Appeals from orders under section 16 -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.
18. Effect of registration of marriage under this Chapter :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 respect 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.

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

19. Effect of marriage on member of undivided family :The marriage solemnized 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.
20. Rights and disabilities not affected by Act -Subject to the provisions of section 19, any person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850) applies.
21. Succession to property of parties married under Act -Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 1925) with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Pursi Intestate) had been omitted therefrom.

21A. Special provision in certain cases - Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section21 shall not apply and so much of section 20 as creates a disability shall also not apply.

CHAPTER V

MISCELLANEOUS

x x x x x

43. Penalty on Married person marrying again under this Act- Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.
44. Punishment of bigamy - Every person whose marriages is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.
45. Penalty for signing false declaration or certificate- Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to the true shall be guilty of the offence described in section 199 of the Indian Penal Code (45 of 1860).
46. Penalty for wrongful> Any marriage officer who knowingly and wilfully solemnizes a marriage under this Act-

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision contained in this Act.

Shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection - (1) The Marriage Certificate Book kept under this Act shall, at all reasonable times, be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application be given by the Marriage Officer to the applicant on payment by him of the 1prescribed fee.

48. Transmission of copies of entries in marriage records :-Every Marriage Officer in a State shall send to Registrar - General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and , in the case of Marriage Officers outside the territories to which the Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.
49. Correction of errors -(1) Any Marriage officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book 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 alience in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration f the original entry and shall sign the marginal entry and add there to the date - alternated of such correction and the Marriage Officer shall make the like marginal entry in the Certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under section 48 to the Registrar - General or other authority, the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

1. Stamp duty exempted to issue copy of extract certified to be true copy. Please see statutory exemption granted in Article 21 of the schedule to the Karnataka Stamp Act, 1957.

THE FIRST SCHEDULE

[See section 2(b) Degrees of Prohibited relationship]

PART - 1

1. Mother
2. Fathers Widow (Step-Mother)
3. Mothers mother
4. Mothers Fathers widow (Step grand-mother)
5. Mothers mothers mother
6. Mothers mothers fathers widow (Step great grand-mother)
7. Mothers fathers mother
8. Mothers fathers fathers widow (step great grand - mother)
9. Fathers mother
10. Fathers Fathers widow (Step grand-mother)
11. Fathers mothers mother
12. Fathers mothers fathers widow (step great grand-mother)
13. Fathers fathers mother
14. Fathers fathers fathers widow (step great grand-mother)
15. Daughter
16. Sons widow
17. Daughters daughters.
18. Daughters Sons widow
19. Sons daughter
20. Sons Sons widow
21. Daughters daughters daughter
22. Daughters daughters sons widow
23. Daughters sons daughter
24. Daughters sons sons widow
25. Sons daughters daughter
26. Sons daughters sons widow
27. Sons Sons daughter
28. Sons sons sons widow
29. Sister
30. Sisters daughter
31. Brothers daughter
32. Mothers sister
33. Fathers sister
34. Fathers brothers daughter
35. Fathers sisters daughter
36. Mothers sisters daughter
37. Mothers brothers daughter

Explanation :- For the purposes of this Part, the expression Widow includes a divorced wife.

PART - II

1. Father
2. Mothers husband (step-father)
3. Fathers father
4. Fathers mothers husband (step grand-father)
5. Fathers fathers father
6. Fathers fathers mothers husband (step great grand-father)
7. Fathers Mothers father
8. Fathers mothers mothers husband (step great grand-father)
9. Mothers father
10. Mothers mothers husband (step grand-father)
11. Mothers fathers father
12. Mothers fathers mothers husband (step great grand-father)
13. Mothers mothers father
14. Mothers mothers mothers husband (step great grand-father)
15. Son
16. Daughters husband
17. Sons son
18. Sons daughters husband
19. Daughters son
20. Daughters daughters husband
21. Sons sons son
22. Sons sons daughters husband
23. Sons daughters son
24. Sons daughters daughters husband
25. Daughters sons son
26. Daughters sons daughters husband
27. Daughters daughters son
28. Daughters daughters daughters husband
29. Brother
30. Brothers son
31. Sisters son
32. Mothers brother
33. Fathers brother
34. Fathers brothers son
35. Fathers sisters son
36. Mothers sisters son
37. Mothers brothers son.

Explanation :- For the purposes of this Part, the expression husband includes a divorced husband.

THE SECOND SCHEDULE

(See Section 5)

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the .................................................. District.

We are hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Witness our hands this .................................................. day of ........................20......

(Signature) A.B.

(Signature) C.D.

THE THIRD SCHEDULE

(See Section 11)

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follow :-

1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).
2. I have completed.............. years of age.
3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.
4. 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.

(Signature) A.B.(the Bridegroom)

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows :-

1. I am at the present time unmarried (or a widow or a divorcee, as the case may be)
2. I have completed..........years of age.
3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship
4. I am aware that, if any statement is 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.

(Signature) C.D. (the Bride).

Signed in our presence by the above-named A.B. and C.D. so far as we are aware there is no lawful>

(Signature) G.H.

(Signature) I.J. Three witnesses.

(Signature) K.L.

Countersigned E.F.,

Marriage Officer.

Dated the ............................................... day of ................................... 20.........

THE FOURTH SCHEDULE

(See section 13)

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the ........................... day of .................... 20............, A.B. and C.D. * appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Signature) E.F.,

Marriage Officer for

(Signature) A.B.,

Bridegroom

(Signature) C.D.,

Bride

(Signature) G.H.

(Signature) I.J. Three witnesses

(Signature) K.L.

Dated the ................................................... day of ............................... 20.......................

* Herein give particulars of the parties.

THE FIFTH SCHEDULE

(See Section16)

CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I, E.F., hereby certify that A.B. and C.D.* appeared before me this...............................day of ......................... 20.............. and the each of them, in my presence of three witnesses who have signed hereunder have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said marriage has, this............. day of .......................................... 20.......................... been registered under this Act, having effect as from.

(Signature) E.F.,

Marriage Officer for

(Sd.) A.B.,

Husband

(Sd.) C.D.

Wife

(Sd.) G.H.

(Sd.) I.J. Three witnesses

(Sd.) K.L.

Dated the.................................................. day of ..................... 20................

* Herein give particulars of the parties.