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REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to amend and codify the law relating to marriage and matrimonial causes among Christians was referred, having been authorised to submit the report on their behalf, present this their report, with the Bill as emended by the Committee annexed thereto,

2. The Bill was introduced in Lok Sabha on the 22nd June, 1962. The motion for reference of the Bill to a Joint Committee of the Houses was moved in Lok Sabha by Shri Asoke K. Sen, the Minister of Law, on the 8th August, 1962 and was discussed and adopted on the same day.

3. Rajya Sabha discussed and concurred in the said motion on the 4th September, 1962.

4. The message from Rajya Sabha was reported to Lok Sabha on the 7th September, 1962.

5. The Committee held 16 sittings in all.

6. The report of the Committee was to be presented by the first day of the Third Session. As the Committee felt that it would not be possible for them to complete their work by that time, they, at their first sitting held on the 8th September, 1962, decided to ask for an extension of time for presentation of their report upto the last day of the Fourth Session. Necessary motion was brought before the House and adopted on the 8th November, 1962. Subsequently, fur- ther extensions of time for presentation of the report were granted by the House by motions moved and adopted on the 23rd April and 4th September, 1963. According to the motion adopted by the House on the 4th September, 1963, the report of the Committee is to be presented by the last day of the current (Sixth) session of Lok Sabha.

7. The first sitting of the Committee was held on the 8th Septem- ber, 1962 to draw up a programme of work. The Committee at this sitting decided to hear evidence from associations etc. and to hsue a press communique inviting memoranda for the purpose by the 15th October, 1962. As the Committee received a number of representa- tions from interested parties to the effect that the time for submis- sion of memoranda on the Bill was very short, the Committee decid- ed at their third sitting held on the 20th April, 1963, to issue another press communique extending the time for submission of memoranda upto the 30th June, 1963.

•Published in the Gazette of India, Extraordinary, Pnrc I I, Section 2, dated the 22nd June, 1962.

8. 509 memoranda/representations on the Bill were received by the Committee from various Churches, religious associations and individuals.

9. At their Second, Third and Fifth to Tenth sittings held on the 18th and 20th April and 15th to 20th July, 1963, respectively, the Committee heard the evidence given by one individual and the representatives of 23 associations.

10. The Committee have decided that the evidence given before them should be laid on the Tables of both the Houses in extenso,

11. The Committee considered the Bill clause by clause at their Eleventh to Fifteenth sittings held on the 23rdf 24th and 25th Sep- tember and 19th and 21st October, 1963, respectively.

12- The Committee considered and adopted the report on the 19th November, 1963.

13. The observations of the Committee with regard to the princi- pal changes proposed in the Bill are detailed in the succeeding para- graphs.

14. Clause 1.—Amendments to sub-clause (3) are consequential to the omission of the original clause 7. (See para 19)- Other amend- ments are of drafting nature.

15. Clause 2.—The terms "Church", "Custom" and "Minister", which have been used in the Bill, have been denned. The term "Custom" has been defined on the lines of the definition contained in the Hindu Marriage Act, 1955.

Definitions of the terms "licensed Minister", "Minister of a recog- nized Church" and "recognized Church" have been omitted conse- quent on the omission of the original clauses 7 and 8 (See pars 19).

Definition of the term "rules" has been amplified to include regula- tions as well-

It was represented to the Committee that apart from the well evolved denominations of Christian Churches, there existed small organized groups of Christians who did not belong to any particular Church, having their own rules, modes of worship, baptism and solemnization of marriages. The Committee feel that statutory recognition should be given to such groups of Christians also. In the proposed definitions nf the terms "Minister" and "rules", as also at other appropriate pluces in the Bill, provision has been made ac- cordingly.

Other amendments are of a drafting nature.

16. Clause 4.—The Committee feel that in the case of marriage ot a minor girl (a girl between 15 and 18 years of age) the girl's con- sent should also be obtained In addition to that of her guardian. Sub- clause (v) has been suitably amended for the purpose.

17. Clause 5.—The Committee consider that, as in the Hindu Marriage Act, 1955, a provision should be made that In the absence of any person entitled to give consent as guardian under sub-clause (1), consent of guardian should not be necessary for marriage.

A new sub-clause (4) has been incorporated accordingly.

Other amendments are of a consequential and drafting nature.

18. Clause 6.—The amendments to this clause are consequential to the omission of the original clauses 7 and 8 (See para 19).

19. Original clauses 7 and 8.—It was represented in the memoranda received by the Committee from various Christian religious associa- tions and also urged on behalf of the associations whose representa- tives gave oral evidence before the Committee that the provisions in the Bill relating to recognition of Churches and licensing of Ministers would, if retained, arm the Government with powers which might well be exercised to discriminate between one Church and another or one Minister and another, thereby affecting the independence of various Christian denominations. In order to avoid an impression that undue interference in the institutional organization of the Christian religion was intended, the Committee consider that the scheme of recognition of Churches and licensing of Ministers for the purposes of solemnization of marriages may be done away with and that any Minister of any Church should be allowed to solemnize marriages subject only to provisions intended to check runaway or frivolous marriages. This would bring at par the various Christian denominations and their institutions and there would be no cause for misapprehension of unfair discrimination by the State.

Original clauses 7 and 8 have accordingly been omitted and con- sequential amendments made in the other clauses of the Bill.

20. Clauses 9 and 10 (original clauses 11 and 12) —The amend- ments to these clauses are of a consequential and drafting nature.

21. Clause 11 (original clause 13).—The Committee consider that if a marriage Is intended to be solemnized in a private building, the Minister should, in addition to sending a copy of the notice to the

Marriage Registrar of the district, be required, as a convenient form of publicity, to affix a copy of the notice to some conspicuous part of the building. Provision has accordingly been made in sub-clause (c).

Other amendments are of a drafting nature.

22. Clauses 12 to 17 (original clauses 14 to 19).—The amendments to these clauses are of a consequential and drafting nature.

23. Original clause 20.—This clause has been omitted as being redundant in view of the provisions of clause 9 (original clause 11).

24. Clauses 18 to 21 (original clauses 21 to 24).—Amendments to these clauses are of a consequential and drafting nature.

25. Clause 22 (original clause 25).—The Committee are of the opinion that the provisions relating to judicial separation in this Bill should be modelled on the lines of those in the Hindu Marriage Act, 1955 subject to the following modifications—

(i) the period for presentation of a petition for judicial separa- tion on the ground that the other party has been suffer- ing from venereal disease in a communicable form or from a virulent and incurable form of leprosy should be one year instead of three years; and

(ii) the grounds for judicial separation should include all the grounds, except the ground of wilful refusal to con- summate the marriage, on which divorce can be granted under this Bill.

The clause has been amended accordingly,

26. Clause 23 (original clause 26) .—The amendment to this clause is of drafting nature.

27. Clause 24 (original clause 27) .—As the list of prohibited rela- tions under the Bill is not the same as under the existing law, the Committee feel that this clause should not apply to marriages solemnized under the existing law which contravene the rules as to prohibited degrees under that law.

The clause has been amended accordingly.

28. Clause 25 (original clause 28).—The Committee consider that it would lead to family instability if marriages solemnized before the commencement of the Act are made voidable on the grounds specified

in the clause. However, the Committee feel that the ground that the respondent was pregnant by some person other than the petitioner should be available also in case the marriage was solemnized within one year immediately before the commencement ot the Act.

As regards the grounds on which a marriage would be voidable, they are of the opinion that wilful refusal of the respondent to con- summate the marriage should be added to the grounds which render a marriage voidable.

The clause has been amended accordingly. Other amendments are of a drafting nature.

29. Clause 26 (original clause 29) .—The amendments to this clause are of a drafting nature.

30. Clause 27 (original clause 30).—The provisions of sub-clause (1) (x) providing for cruelty as a ground for divorce have been elbo- rated and brought in line with similar provisions relating to judicial separation in the Hindu Marriage Act, 1955.

31. Clauses 28 to 47 (original clauses 31 to 50) .—The amendments to these clauses are of a consequential and drafting nature.

32. Clause 48 (original clause 51).—The Committee are of the view that if a person, who has been married before the commencement of the Act, contracts another marriage during the life time of his or her spouse, he | she should also be liable to punishment for bigamy.

The clause has been amended accordingly.

33. Clauses 49 to 73 (original clauses 52 to 76) .—The amendments to these clauses are of a consequential and drafting nature.

34. First, Second and Third Schedules—The amendments to these Schedules are of a consequential and drafting nature.

35. Fourth Schedule—The declaration to be made by the bride and the bridegroom regarding prohibited relationship has been elabo- rated and a separate declaration to be made by the guardian of a minor bride to the effect that he has given his consent for the mar- riage has been provided for.

Other amendments are of a drafting nature.

36- Fifth Schedule.—The amendments to this Schedule are of a consequential and drafting nature.

37, The Joint Committee recommend that the Bill, as amended, be passed.

RENU CHAKRAVARTTY, NEW DELHI;

Chairman,

The 19th November, 1963. Joint Committee.

733 G of I Ex.—2.

MINUTES OF DISSENT

I

I regret that I have to submit a minute of dissent with regard to certain provisions of the Bill as passed by the Joint Committee.

The definition oi the term "Christian" is very vague and un- satisfactory. For a person to be a Christian Baptism is a sine qua non except in the case of one or two small sects. For the vast majority ot Christians it is a vital matter because Baptism is a sacrement and not a mere question of organisation or ceremonial, it is an essential requisite or membership of Churches. Therefore Baptism should be included in the definition of "Christian".

The condition that consent of the guardian should be obtained for the marriage of a minor bride ought not have been made appli- cable to brides who are widows. After her first marriage she ceases to be a ward of her former guardian and it is not likely that she returns to her original home. Such a widow, though minor, is com- petent to exercise her own free will and her marriage should not be made conditional on the consent of a person who is no moie her guardian.

It is a welcome thing that the Joint Committee has agreed to delete the provisions regarding recognition of Chruches and licen- sing of Ministers. Almost all the witnesses who gave evidence had demanded this. But by this suggested improvement nobody wanted or expected that the freedom of Ministers of Churches having rules for solemnization of marriages which are "ancient, definite and well designed to prevent clandestine or prohibited marriages" would be prevented from solemnizing marriages under such rules and com- pelled to adopt rules different from those sanctioned by their usage.

Of course clause 9 is there which provides that "Marriage may be soleminized under this Act by a Minister according to the rules of the Church or of the group of which he is a Minister". But this has been rendered nugatory by the provisions of the succeeding clauses 10, 11, 13, 14, 15, 17 and 19. It is true that adequate care was taken by the Committee to know the views of various sections of Christians regarding the Bill. But the Bill as it has now emerged contains provisions which nobody contemplated at that time.

Part C of Chapter III should be exclusively for marriages before Marriage Registrars and not made applicable to Ministers of Chur- ches. These provisions are merely copied from the Indian Christian Marriage Act, 1872 ignoring the fact that in the said Act they applied only to marriages solemnized by Ministers of Religion licensed under that Act. These provisions do not fit in with the scheme of the present Eill as passed by the Joint Committee. .Even in the case of Licensed Ministers the' Act. of 1872 did not contain provisions similar to those in clauses 10(3) and 15.

Against the above point it is urged that there are groups of Christians who have no definite rules relating to marriage. But when there are no such rules clause 9(1) has no application and marriages between persons belonging to such groups can be solemnized only before a Marriage Registrar. Unless it be to meet the contingencies mentioned above the provisions regarding marriages before Marriage Regisrar are unnecessary in this Bill so long as there is the Special Marriage Act of 1954. Christians belonging to groups with no de finite marriage laws and who want to have a Christian form ol marriage can have their marriage solemnized before a Marriage Registrar without being obliged to have recourse to the Special Marriage Act.

Under the existing Act of 1872 validity of a Christian marriage is governed by the personal law of the parties. But the State has decided to prescribe the condition of a valid marriage between Christians without leaving it to be decided by the personal law of the parties. Whatever may be the merits or demerits of this decision¹, attempt to override ancient and well established rules of Churches regarding solemnization of marriages is certainly an inroad into 11; right of Christians to manage their own affairs in matters of religion And this is exactly what is done when the provisions of Part C of Chapter III are made applicable equally to Ministers of Churches and Marriage Registrars. I may quote a passage from the Fifteenth Report of the Law Commission : "Two of these Churches, the Church of Rome and the Anglican Church and its successor, the Church of India, Burma and Ceylon, have rules for solemnization of marriages which are ancient, definite and well-designed to prevent clandestine or prohibited marriages. These Churches are religious denominations, and have a constitutional right to manage their own affairs in matters of religion. It has been held by the Supreme Court that religion includes not merely matters of doctrine and belief but also practices which are regarded by the community as part of its religion. These Churches cannot, therefore, be compelled to adopt rules for solemnization of a marriage different from thos"

sanctioned by their usage". These observations apply with equal force to ancient Churches like the Malankara Jacobite Syrian Church and the Mar Thoma Syrian Church which have elaborate, reason- able and well denned rules of marriage. In this connection it is pertinent to point out that the Hindu Marriage Act does not pres- cribe any such rules for solemnization of marriages. I have no objection in specifying that these provisions are applicable also to groups of Christians who have no definite and well established rules regarding marriages.

Under clause 10 notice of marriage is to be given to the Minister whom the parties desire to solemnize the marriage and it is obli- gatory that the Minister who receives the notice must himself solemnize the marriage. Often it happens that the marriage is solemnized by a Minister who is not the Vicar of the parish to which both or either of the parties to the marriage belong. Under the rules of most of the Churches, notice of marriage is given to the Vicar of the parish to which the parties belong and the bannas are published by him. When the parties belong to different parishes banns are published in both places. The actual solemnization of the marriage may be by another Minister who obtains jurisdiction for the purpose either by delegation by the Vicar of the parish or nomination by the appropriate Church authority. This enables the parties to have their marriage solemnized by a Minister of their choice. It may also happen that the Minister to whom notice is given may either have died or been transferred to another parish before the marriage is solemnized. In such cases the successor in office will not be able to solemnize the marriage if the clause remains as it if. Provision must be made to obviate these difficulties.

It is enough that one of the parties give the notice. It need not be jointly by the two parties.

Similar difficulties arise under clause 11 also. Rules of several established Churches provide that solemnization of marriage can be had in any Church with the permission of the appropriate Church authorities provided that banns are published in the parishes to which the parties belong. Publication of the notice of marriage will serve its purpose only if it is done in the parishes of the parties to the marriage. If marriage between two persons belonging to a parish in Kerala is to be solemnized In Delhi there is no meaning in publishing the notice in Delhi where they are practically strangers. Church rules permit such a marriage only if banns are published in the parish Church. Clause 11 makes it obligatory that notice should be published in Delhi also. This obviously Is an unnecessary burden cast on the parties to the marriage and it has to be removed.

Sub-clause (d) of clause 11 is an unnecessary provision and it has

to be deleted.

The provision regarding issue of Certificate of Notice by Ministers is ambiguous and unnecessary. There is no purpose in retaining such a provision. There is no provision similar to this either in the Special Marriage Act or in the Hindu Marriage Act. It is not clear why such a provision is needed in the law relating to Christian marriages. When the system of licensing of Ministers is abolished it is illogical to retain this provision.

Clause 17 in so far as it relates to solemnization of marriages is a repetition of sub-clause (2) of clause 9 and is redundant. It may be added as a proviso to clause 18.

Provisions of clause 19 should be confined to marriages solem- nized before Marriage Registrars. If the provision relating to notice of marriage in clause 10 is to be retained then as regards Ministers the period before which they should solemnize the marriage should be six months after the issue of such notice.

An additional provision for emergency marriages in the case of danger of death as requested by the Catholic Bishops Conference of India should also be made.

All the witnesses who gave evidence and all the representations received by the Joint Committee are unanimously of the view that there should foe no provision for Divorce in the Bill. The very idea of divorce is against Christian sentiment. There is no necessity for separate laws on Divorce for the various communities in India. It is enough to have one law on the matter applicable to all the citizens irrespective of religion. Anyhow now there is the Indian Divorce Act of 1869. If necessary that may be kept as a separate piece of legislation with necessary amendments, rather than incorporating its provisions into this Bill, as has been done here.

NEW DELHI;

The 20th November, 1963. MATHEW MANIYANGADAN.

II

While I agree to all the amendments to the original Bill made by the Joint Committee I want to suggest that the clauses which deal with divorce should be taken out of the Bill and put into another Bill called the Indian Divorce Bill. Especially, as there is an Indian

Divorce Act already on the Statute Book which provides for divorce amongst Christians. It is odd that a Bill dealing with marriage should provide also for divorce. Merely adding the expression "Matrimonial Causes" to the title of the Bill does not save it from the charge of incongruity. Divorce is not a matrimonial cause. It is an anti-matrimonial cause. Not only would it offend legislative artistry combining as it does these two incongruous causes together but it would offend a large body of Christians like the Roman Catholic who object consciously to divorce and to combine marriage and divorce in the same Bill.

I am not against giving the relief of divorce to people who believe in it. All that I want is that the part of this Bill dealing with divorce should be taken out of the Bill and put into another Bill to be passed as an Act.

NEW DELHI,

The 22nd November, 1963. M. RUTHNASWAMY,

B1U No. 61B of 1962

THE CHRISTIAN MARRIAGE AND MATRIMONIAL

CAUSES BILL, 1962

(AS REPORTED BY THE JOINT COMMITTEE)

(Words side-lined or underlined indicate the amendments suggested

by the Committee; asterisks indicate omissions)

A

BILL

to amend and codify the law relating to marriage and matrimonial

causes among Christians.

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows:— """~"~~~~~

CHAPTER I

PRELIMINARY

5 1. (I) This Act may be called the Christian Marriage and Matri-

monial Causes Act, 1963.

Short title, extent anl commence- ment.

IO

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Christians who are domiciled in the territories to which this Act extends and are outside the said terri- tories ~""~

(3) It shall come into force on such date as the Central Govern-

ment may, by notification in the Official Gazette, appoint.

Definitions • 2. In this Act, unless the context otherwise requires,—

(a) "Christian" means a person who professes the Christian religion;

5 (b) "Church" means an organized body of Christians holding the same faith, following the same rules and acknowledging the same authority;

(c) "church building" includes any chapel or other building

or any place generally used for public Christian worship;

10 (d) "custom" means any rule which, having been continuous- ly and uniformly observed for a long time, has obtained the force of law among Christians in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy;

15 (e) "desertion" means the withdrawal by one spouse, with- out reasonable cause and without the consent or against the wish of the other spouse, from cohabitation with the other spouse with the intention of bringing cohabitation permanently to an end; and its grammatical variations and cognate expressions shall be construed accordingly;

20 (f) "diplomatic officer" means an ambassador, envoy, mlnis- ter, charge d' affaires, high commissioner, commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or high commission;

(g) "district", in relation to a Marriage Registrar, means the

25 area for which he is appointed as such under this Act;

30 (h) "district court" means, in any area for which there is a city civil court, that court, and, in any other area, the principal civil court of original jurisdiction, and inoludes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;

(i) "India" means the territories to which this Act ex-

tends;

* * " •

35 (j) "Marriage Registrar" means a Marriage Registrar ap- pointed under section 7 or section 8;

(7c) "Minister" means a person who, according to the rules of the Church or the rules of the group of Christians to which he belongs, Is competent to solemnize marriages;

(I) "minor" means a person who has not completed the ago

of eighteen years;

5

(m) "prescribed" means prescribed by rules made under this

Act,

10

(n) "prohibited relationship"—a man and any of the persong mentioned in Part I of the First Schedule, and a woman and any of the persons mentioned in Part II of the said Schedule, are within prohibited relationship;

Explanation.—"Relationship" includes,—

(a) relationship by half or uterine blood as well as by full blood;

(b) illegitimate blood relationship as well as legitimate;

15

and all terms of relationship in this Act shall be construed accordingly;

* * * *

(o) "Registrar-General" means—

20

(i) a Registrar-General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registra- tion Act, 1886, and

4 of 1886.

25

(ii) in relation to any territories to which that Act does not extend, an officer performing the functions of a Regis- trar-General of Births, Deaths and Marriages under any corresponding law in force in those territories;

(p) "rules", in any expression denoting rules of any Church, or of any group of Christians, include rites, ceremonies, customs or regulations of that Church or group relating to marriages.

CHAPTER II

30

CONDITIONS FOR CHRISTIAN MARRIAGE

3. Every marriage between persons both of whom are Christians shall be solemnized in accordance with the provisions of this Act, unless the same is solemnized under the provisions of the Special Marriage Act, 1954.

43 of 1954. 35

b"tween

Chjiitiona

to be SOIOM-

niaedaocftr.

ding to

Act.

4. A marriage may be solemnized between any two Christians if Conditions of marriage,

the following conditions are fulfilled, namely: —

(i) neither party has a spouse living at the time of the marriage;

5 (it) the parties are not within prohibited relationship, unless the custom governing each of them permits of a marriage between the two;

(Hi) neither party is an idiot or a lunatic at the time of the marriage;

10 (iv) the bridegroom has completed the age of eighteen years and the bride the age of flfteen years at the time of the marriage;

15 (v) where the bride has not completed the age of eighteen years, the consent in writing of the bride and of her guardian in marriage or the permission of the district court under sub-section (5) of section 5, has been obtained for the marriage; and

(vl) where the marriage is solemnized outside India, both parties are domiciled in India.

20 Consent of guardian In marriage.

5. (1) Whenever the consent of a guardian in marriage is neces- sary for a bride under this Act, the persons entitled to give such consent shall be the following in the order specified hereunder, namely: —

• (a) the father;

(b) the mother;

(c) the paternal grandfather;

²5

(d) the paternal grandmother; '

(e) the brother by full blood; as between brothers, the elder being preferred; !

(f) the brother by half blood; as between brothers by half blood, the elder being preferred:

3o

Provided that the bride is living with him and is being brought up by him; -

(fir) the paternal uncle by full blood; m between paternal uncles, the elder being preferred;

35

(i) the maternal grandmother;

(j) the maternal uncle by full blood; as between maternal uncles, the elder being preferred:

Provided that the bride is living with him and is being 5 brought up by him. , I

(2) No person shall be entitled to act as a guardian In marriage under sub-section (1) unless such person has himself completed the age of twenty-one years.

10

(3) Where any person entitled to be the guardian in marriage under sub-section (1) refuses, or is for any cause unable or unfit, to act as such, the person next in order shall be entitled to be the guardian.

15

(4) In the absence of any such person as is referred to In sub- section (1), the consent of the guardian shall not be necessary for a marriage under this Act.

20

(5) Where no such person as is referred to in sub-section (I) is * * willing and able and fit to act as guardian in marriage, or where any guardian in marriage, without just cause, withholds his consent to the marriage, the permission of the district court shall be necessary for the marriage of the bride.

(6) The permission of the district court for the marriage of the bridlTunder sub-section (5) may be applied for by a petition made by the parties to the intended marriage.

25

(7)_Whcre such a petition is made, the district court shall examine the allegations of the petition in a summary manner and shall decide the matter after giving a reasonable opportunity to the parties to be heard.

W T he decisi°n 01 the district court granting or refusing per- mission under sub-section (5) shall be final

³⁰ (9) Notwithstanding anything contained in sub-section (1), where any person has been appointed or declared by a court to be the guardian of the person of the bride, he alone shall be entitled to act as guardian in marriage.

35

(10) Nothing in this section shall affect the jurisdiction of a court to prohibit by injunction an intended marriage if, in the interests of the bride for whose marriage consent is required, the court thinks it necessary to prohibit it.

CHAPTER III

SOLEMNIZATION OF CHRISTIAN MARRIAGES

A.—Persons authorised to solemnize marriages

6. Marriages may be solemnized under this Act—

Who may tolemnlze marriagei.

5 (1) by a Minister; (2) by, or in the presence of, a Marriage Registrar appoint- ed under section 7 or section 8.

10 Marrl"ge Registrar* in India.

7. (1) The State Government may, by notification in the Official Gazette, appoint any person to be a Marriage Registrar for any district.

(2) Where there are more Marriage Registrars tnan one in any district, the State Government shall appoint one of them to be the Senior Marriage Registrar.

|

15 (3) Where there is only one Marriage Registrar in a district, and such Registrar is absent from the district or is ill or his office is tem- porarily vacant, any person authorised in this behalf by the State Government, by general or special order, shall act as, and be, the Marriage Registrar of the district during such absence, illness or temporary vacancy.

20

Marriage

Registrars

outside

India,

8. For the purposes of this Act in its application to Christians domiciled in India who are outside India, the Central Government may, by notification in the Official Gazette,—

(a) in the case of the State of Jammu and Kashmir, appoint

25 such officers of the Central Government as it may think fit to be¹ the Marriage Registrars for the State or any part thereof; and

(b) in the case of any other country, place or area, appoint such diplomatic or consular officers as it may think fit to be the Marriage Registrars for the country, place or area.

B.—Marriages before Ministers

30 Solemnlza; tlon of marriages.

9. (I) Marriages may be solemnized under this Act by a Minister according to the rules of the Church or of the group of which he is a Minister and in the presence of at least two witnesses.

(2) No such marriage shall be solemnized—

35 (a) if the Minister has reason to believe that the solemniza- tion of the intended marriage would be contrary to the provi- sions of section 4;

(b) if any other lawful impediment be shown to his satis- faction of the Minister why such marriage should not be solemnized;

5

(c) unless a solemn declaration has been made in the presence of the Minister in the form specified in the Fourth Schedule—

(i) by the bridegroom, and

(ii) by the bride, and, if she is a minor for whose mar- riage the consent of the guardian also is required under this Act, by the guardian also on behalf of the bride.

10

(C.—Provisions as to marriages generally and marriages before

Marriage Registrars

15

' 10. (I) When a marriage is intended to be solemnized by a •Minister or by or in the presence of a Marriage Registrar, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule—

Notice of intended marriage to Ministers, ec.,and Marriage Notice Book.

(a) to the * Minister whom they desire to solemnize the

marriage, or

20

(b) to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of thirty days immediately preceding the date on which such notice is given.

25

(2) Where the bride is a minor for whose marriage the consent of the guardian also is required under this Act, the notice to be given under sub-section (I) shall be signed by the bride and on her behalf by the guardian also.

(3) The * Minister or the Marriage Registrar, as the case may be,

30

shall keep all notices given under sub-section (1) with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marri- age Notice Book.

11. Where a notice under section 10 is given to a * Minister, he

shall proceed as follows:— ™"

Procedure co be follow- ed by Minis- ter on receipt of notice.

35

(a) if the parties intending marriage desire it to be solem- nized in a particular church building, and if the * Minister be entitled to officiate therein, he shall cause the notice to be published by affixing a copy thereof to some conspicuous part, of such' church building;

5 (b) if he is not entitled to officiate as a Minister in such church building, he shall, notwithstanding anything contained in sub-section (3) of section 10, at his option, either return the notice to the person who delivered it to him, or deliver It to some other ^Minister entitled to officiate therein, who shall thereupon act as if the notice were given by the parties to him under sec- tion 10;

IO

15 (c) if it is intended that the marriage shall be solemnized in a private building, the * * * Minister, on receiv- ing the notice under section 10, shall cause the notice to be published by affixing a copy Lhereof to some conspicuous part oJ; the private building and shall also forward a copy thereof to the Marriage Registrar of the district, who shall cause it to be published by affixing it to some conspicuous place in his own office;

20

25 (d) if the bride intending marriage is a minor, the * • • Minister, on receiving the notice under section 10 shall, unless within twenty-four hours after its receipt he returns the same under clause (b), send by post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Marriage Registrar of the district, to the Senior Marriage Registrar, and the Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such copy, shall allix 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.

12. Where the notice under section 10 is given to a Marriage

3O Registrar, he shall proceed as follows: —

Procedure to be followed by Marriage Registrars on receipt of notice.

(a) the Marriage Registrar shall cause the notice to be published by affixing a copy thereof to some conspicuous place in his own office;

35 (b) if ih- bride is a minor, the Marriage Registrar shall, within twenty-four hours after receiving the notice under section 10, send, by post or otherwise, a copy of the notice to each of the other Marriage Registrars, if any, in the same district, who shall affix the copy to some conspicuous place in his own office;

40 (c) if either of the parties intending marriage is not permanently resident within the local limits of the district of the

5

Marriage Registrar, the Marriage Registrar shall also cause a copy of such notice to be transmitted io the Marriage Registrar of the district within whose limits such party is permanently- resident, and that Marriage Registrar shall thereupon cause a copy thereof to be affixed to some conspicuous place in his own office.

Issue of certificate of notice.

10

13. (1) Any * * * Minister or Marriage Registrar consenting or intending to solemnize any marriage under this Act shall, on being requited so to do by or on behalf of either of the persons by whom the notice was given, issue under his hand a certi- ficate of notice in the form specified in the Third Schedule.

(2\ Nr> Riifh fp-rtifir-atfi shall he issued—

15

(a) until the expiration of seven days from the date of publication of the notice or where the bride is ta minor, until the expiration of twenty-one days from the said date; and

(b) unless a solemn declaration has been made In the pre- sence of the *Minister or the Marriage Registrar, as the case may be, in the form specified in the Fourth Schedule—

20

(i) by the bridegroom, and (ii) by the bride, or, if she is a minor for whose marriage the consent of the guardian also is required under this Act, by the guardian also on behali of the bride.

Objection to certificate.

25

14. (1) Any person may, before the expiration of seven days from the date on which any notice has been published under section 11 or section 12, make an objection in writing to the marriage on the ground that it would contravene one or more of the conditions speci- fied in section 4.

3=>

(2) If an objection is made under sub-section (1), the * * Minister or the Marriage Registrar shall not issue the certificate under section 13 unless he has inquired into the matter of the objec- tion and is satisfied that it ought not to prevent the issue of the certificate or the objection is withdrawn by the person making it.

35

(3) The * * * Minister or the Marriage Registrar shall not take more than thirty days from the dite of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

Application to dfetrict court against decision on objection.

40

15. (I) If the *Minister or the Marriage Registrar fails to arrive at adecision on an objection to an intended marriage within the period specified in sub-section (3) of section 14, or upholds such an objection and refuses to issue the certificate of notice of marriage, either party to 1he intended marriage may, within a period of

twr'nty-one days from the date of such refusal, apply by petition to the district court.

(2) The district court may examine the allegations of the petition in a summary manner, and shall decide the matter after giving a reasonable opportunity to the parties to be heard.

5

(3) The decision of the district court on such petition shall be final, and the * * * Minister or the Marriage Registrar shall act in conformity with the decision.

10 Procedure on receipt of objection by Marriage Registrar abroad.

15 16. Where an objection is made under section 14 to a Marriage Registrar outside India in respect of an intended marriage outside India, and the Marriage Registrar, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record to the Central Government with such statement respecting the matter as he thinks fit to make, and the Central Government, after making such inquiry into the matter and after obtaining such advice as It thinks fit, shall give its decision thereon in writing to the Marriage Registrar, who shall act in conformity with the decision of the Central Government.

20 17. No * * Minister or Marriage Registrar shall issue a certificate of notice in respect of any marriage or solemnize any marriage undei this Act—

Certificate not to be issued and marriage not to be solem- nized in cer- tain cases.

25 (a) If he has reason to believe that the solemnization of the intended marriage would be contrary to the provisions of sec- tion 4; or

(b) if any other lawful impediment be shown to the satis- faction why such certificate should not be issued or such marriage should not be solemnized.

30 Solemniza- tion of marriage by Marriage Registrar.

18. (1) After the issue of the certificate of notice by the Marriage Registrar, the marriage may be solemnized between the persons therein described by or in the presence of the Marriage Registrar according to such form or ceremony as the parties think fit to adopt and in the presence of at least two witnesses:

33 Provided that the marriage shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Registrar and the witnesses and In any language under- stood by the parties—

"I, (A.B.) take thee (CD.) to be my lawful wife (or hus-

40 band)". (2) The marriage may be solemnized—

(a) at the office of the Marriage Registrar; or

(fa) at such other place in his district and within a reason- able distance from his office, as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

5

Certiflcnte vojd if man-jags no" solem nized within three month* ,

10

19. If a marriage is not solemnized within three monthn after the date~"of the certificate issued by the • Minister or the Marriage Registrar under section 13, such certificate and all proceedings if any, thereon shall be void, and no person shall proceed to solemnize the said marriage until a new notice has been given and the certificate thereof issued in the manner provided in this Chapter.

D.—Registration of marriages

20. (1) When the marriage has been solemnized, the il.ii^^x

marriage and regJitrttion,

15

• * * or the Marriage Registrar, as the case may be, shall enter a certificate thereof in the form specified in the Fifth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the witnesses.

(2) On a certificate being entered in the Marriage Certificate

Book by the Minister • • • 20 or the Marriage Registrar, the certificate shall be deemed to be con- clusive evidence of the fact that a marriage under this Act has been solemnized.

25

(3) Every Minister * * * or Marriage Registrar in a State shall send to the Registrar-General 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.

CHAPTER IV

RESTITUTION OF CONJUGAL RIGHTS

Restitution. 3© 21. (1) When either the husband or the wife has, without rea- sonable excuse, withdrawn from the society of the other, the other party may apply by petition to the district court for restitution of conjugal rights.

35

(2) Nothing shall be pleaded in answer to such petition which would not be a ground for judicial separation or for nullily of marriage or for divorce.

(3) The court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why a decree of restitution of conjugal rights should not be granted, may decree restitution of conjugal rights accordingly.

40

CHAPTER V

JUDICIAL SEPARATION

Judicial

sopatatian.

5 22. Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on the ground that the other party—

(a) has, since the solemnization of the marriage, committed adultery; or

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

10

(c) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the pre- sentation of the petition; or

15 (d) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or

(c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or

20

(f) has not been heard of as being alivo for a period of seven years or more by those persons who would naturally have heard of the other party if that party had been alive; or

(g) has failed to comply with a decree for restitution of con- jugal rights for a period of two years; or

35

(h) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

30 (i) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it v-m be harmful or injurious for the petitioner to live with the other party.

23. (1) Where a decree for judicial separation has been passed, it shaflTo longer be obligatory for the petitioner to cohabit with the respondent.

35 Effect of judicial sep- aration on duty to cohabit.

(2) The court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree where the parties have expressed a desire

to come together and to resume cohabitation or where for any other reason the court considers it just and reasonable to rescind the decree*

CHAPTER VI

NULLITY OF MARIUAQE

5

Void mut-

10

24. Any marriage solemnized * * after the com- mencement of this Act, shall be null and void and may, on a petition presented for the purpose, be so declared by a decree of nullity, if it contravenes the condition specified in clause (i) or clause (it) of section 4 and a marriage solemnized before such commencement shall also, be null and void and may, on a petition presented for the purpose, be so declared by a decree of nullity, if it contravenes the condition specified in clause (i) of section 4.

Voidablt maniagw.

15

25. (1) Any marriage solemnized * * * after the commen- cement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely: —

(a) that the marriage is in contravention of the condition specified in clause (Hi) of section 4; or

20

(b) that the respondent was impotent at the time of the marriage and continued to be so till the institution of the pro- ceedinc; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under clause (v) of section 4, the consent of such guardian, was ob- tained by force or fraud; or

25

(d) that the marriage has not been consummated owing te the wilful refusal of the respondent to consummate the marriage; or

(e) that the marriage is in contravention of the condition specified in clause (iv) of section 4; or

30

(f) that the marriage of the petitioner, being, the wife, is in contravention of the condition specified in clause (v) of section 4.

35

(2) A marriage solemnized after the commencement of this Act ir within one year immediately before such commencement shall also be voidable and may be annulled by a decree of nullity on the ground that the respondent was, at the time of the marriage, pregnant by some person other than the petitioner.

733 GOFI EX—5.

(3) Notwithstanding anything contained in subsection (1), no petition for annulling a marriage on the ground specified in clause (e) of sub-section (1) shall be entertained, if—

5 (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(it) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered.

10

15 (4) Notwithstanding anything contained in clause (e) or clause (f) of sub-section (I), no petition for annulling a marriage under that sub-section shall be entertained if the petition is presented more than one year after .the petitioner has completed the age of eighteen years.

(5) Notwithstanding anything contained in sub-section (2), no petition for annulling a marriage on the ground specified in that sub-section shall be entertained, unless the Court id satisfied—

(i) that the petitioner was at the time of the marriage

20 ignorant of the facts alleged;

(U) that the proceedings have been instituted, in the case of a marriage solemnized before the commencement of this Act, within one year of such commencement and, in the case of a marriage solemnized after such commencement within one year from the date of the marriage; and

25

(Hi) that marital intercourse with the consent of the peti- tioner has not taken place since the discovery by the petitioner, of the existence of the grounds for a decree.

30 Legiti- macy of children of certain void and voidable marriage*

28. (1) Where a marriage is null and void under sectionJ24 by) reason of the contravention of the condition specified In clause (1) or clause (ii) of section 4, any child begotten or conceived before the marriage is declared to be null and void, who would have been, the legitimate child of the parties to the marriage if the marriage had been valid, shall be deemed to be their legitimate child not- withstanding that the marriage is null and void.

35 (2) Where a marriage is annulled by a decree of nullity under section 25, any child begotten or conceived before ihe decree is made, who w ^d have been the legitimate child of the parties to the marriage if the marriage had been dissolved instead of having been|

annulled by a decree of nullity, shall be deemed to be their legiti- mate child notwithstanding the decree of nullity.

5

(3) Nothing contained in this section shall be construed as con- ferring upon any child of a marriage which is void or which is annul- led by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

10 CHAPTER VII

DIVORCE

A.—Grounds of divorce

27. (1) Any marriage, solemnized whether before or after the Ground*

15

commencement of this Act, may, on a petition presented either by the husband or the wife, be dissolved by a decree of divorce on the ground that the respondent—

(i) has, since the solemnization of the marriage, committed adultery; or '

(ii) has ceased to be a Christian by conversion to another 20 religion; or

(Hi) has been incurably of unsound mind for a continuous perJod of not less than three years immediately preceding the presentation of the petition; or

25

(iv) has, for a period of not less than three years imme- diately preceding the presentation of the petition, been suffer- ing from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than three years imme- diately preceding the presentation of the petition, been suffer- ing from venereal disease in a communicable form; or

30

(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

(mii) 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 a period OJE at least three years immediately preceding the presentation of the peti- tion; or

5 (x) has treated the petitioner with such cruelty as to cause | a reasonable apprehension in the mind of the petitioner that i1 will be harmful or Injurious for the petitioner to live with the other party.

10 (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy Or beStiality.

15 Divorce after de- cree for judicial Mparft- Uo*.

28. Where in respect of any marriage, solemnized whether be- fore""or after the commencement of this Act, a decree for judicial separation has been passed, and there has been no resumption of cohabitation as between the parties to the marriage for a period of two years or upwards after the passing of the decree, either party may, by an application in the proceeding in which the decree wss passed, pray for a dissolution of the marriage by a decree of divorce; and the court may, on being satisfied of the truth of the statements made in such application, pass a decree accordingly.

20

29. (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for disso- lution of a marriage by a decree of divorce under section 27, unless at the date of the presentation of the petition three years have elapsed since the date of the marriage:

25 No peti- tion for divorce to be presen* ted with- in three years of Marriage.

30

35 Provided that the court may grant leave to present a petition before the said three years have elapsed if the court thinks fit to do so on the ground that the -case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent; but any such leave may, In the Interests of justice, be revoked by the court at any time before a decree nisi of divorce is passed, and where the leave is so revoked, the court may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section f6r leave to present a petition for divorce before the expiration of three years from the date of the m"rriage, the court shall hav SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 885/31

interests of any children of the marriage and to the question whe- ther there is a reasonable probability of a reconciliation between the parties before the expiration of the said three years.

B.—Re-marriage after divorce

 5     30. Where  a decree  of  divorce  has  been  made  absolute  under  sec-  Rc-mar-
   tion  39 or  a  decree  of  divorce  has  been  passed  under  section  28, and rlage  of
                                                                                 divorced
   the  time  for  appealing  has  expired  without  any  appeal  having  been  persons.
   presented  or  an  appeal  has  been  presented  but  has  been  dismissed
   and  the  decree  of  dismissal  has  become  final,  but  not  sooner,  either
10 party  to  the  marriage  may  marry  again.

CHAPTER VIII

JURISDICTION AND PROCEDURE

31. Nothing contained in this Act shall authorise any court to

graRT any relief under Chapters IV to VII, except where—

Relief to be given to Chris- tians only.

(a) both the parties to the marriage are Christians at the 15

time of the presentation of the petition; or

(b) both the parties to the marriage were Christians at the time of the marriage, and at least one of the parties is a Christian at the time of the presentation of the petition; or

20 (c) the marriage was solemnized under any enactment re- pealed hereby, and at least one of the parties is a Christian at the time of the presentation of the petition.

32- Nothing contained in this Act shall authorise any court—

(a) to make any decree of dissolution of marriage, except where—

Jurisdic- tion of Indian courts.

*5

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

SO

(ii) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been resid- ing in India for a period of not less than three years imme- diately preceding the presentation of the petition;

(b) to make any decree of nullity of marriage, except where—

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

35

(ii) the marriage was solemnized under this Act or under any enactment repealed hereby, and the petitioner is either domiciled or residing in India at the time of the presentation of the petition;

5 (c) to grant any other relief under Chapters IV to VII, except where the petitioner is residing in India si the time of the presentation of the petition.

Court to which petition to be made.

33. (1) Every petition under sub-section (6) of section 5 shall be presented to the district court within the local limits of whose ordi- nary civil jurisdiction the bride resides.

10

(2) Every petition under section 15 shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the • Minister discharges his functions or the office of the Marriage Registrar Is situate, as the case may be.

*5 (3) Every petition under Chapters IV to VII shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—

(a) the respondent is residing at the time of the presenta-

tion of the petition, or

20 (b) the marriage was solemnized, or

(c) the husband and wife last resided together, or

(d) the petitioner is residing at the time of the presenta- tion of the petition, provided that the respondent is, at that time, residing outside India.

25 Contents and veri- fication of petitions.

34. (1) Every petition presented under Chapters IV to VII shall state" as distinctly as the nature of the case permits the facts on which the claim to relief is founded and shall also state that there is no collusion between the petitioner and the other party to the marriage.

30 (2) The statements contained in every petition under Chapters IV to VII shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and may, at the hearing, be referred to as evidence.

35 Applica- tion of Code of Civil Pro- cedure.

5 of 1008.

35. Subject to the other provisions contained in this Act and to such"rules as the High Court may make in this behalf, all proceed- ings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

36. (I) In any proceeding under Chapters IV to VII, whether

defended or not, if the court is satisfied that—

(") any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own

Duty of court before passing decree.

wrong or disability for the purpose of such relief, and

5

(b) where the ground of the petition is adultery, the peti- tioner has not in any manner been accessory to or connived at or condoned the adultery, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty, and

10

(c) the petition is not presented or prosecuted in collusion

with the respondent, and

(d) there has not been any unnecessary or improper delay

in instituting the proceeding, and

15I (e) there is no other legal ground why relief should not be

granted, '

then, and in such a case, but not otherwise, the court shall decree such relief accordingly.

20

(2) Before proceeding to grant any relief under Chapters IV to VII, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties.

25

30

(3) For the purpose of aiding the court in bringing about such reconciliation; the court may, if the parties so desire or If it thinks it just and proper so to do, adjourn the proceeding and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether a reconciliation can be, and has been, effected, and shall, in disposing of the pro- ceeding, have due regard to the report.

Adulterer or adulte- ress to be a co-re"- pondent 35

37. (2) On a petition for divurce or judicial separation presented 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 respondent is leading the life of a prostitute, 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;

(c) that the alleged adulterer or adulteress is dead;

(d) any other ground which the court may regard as suffi- 5 cient in the circumstances of the case.

IO (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to the answer of a respondent praying for divorce or judicial separation on the ground of adultery, as they apply in relation to ^petition for divorce or judicial separation presented on that ground.

15 38. If, in any proceeding for divorce or judicial separation, the respondent opposes the relief sought on the ground of the petitioner's adultery, cruelty or desertion, the court may give the respondent the same relief to which he or she would have been entitled if he or she had presented a petition seeking such relief.

Relief to respon- dent in case of opposition to petition for divorce on certain grounds.

Decree nisi for divorce.

39. (1) Every decree for divorce under section 27 shall, in the first instance, be a decree nisi, not to be made absolute until after the expiration of six months from the pronouncing thereof unless the court fixes a shorter time.

20

25 (2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, by an application made in accordance with such rules as may be made by the High Court in that behalf, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material facts not having been brought before the court, and in any such case the court may make the decree absolute^ reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.

3°

35 (3) Where a decree nisi has been obtained and no application for the decree to be made absolute has been made within six months from the pronouncement of the decree nisi by the party who obtain- ed the decree, then, at any time within three months from the expiration of the said six months, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court, on such application, may make the decr"e absolute

reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.

5

Damages from adul- terer or adulteress.

40. (I) A husband or wife may, on a petition for divorce or for judicial separation, claim damages from any person on the ground of adultery with the wife or husband of the petitioner.

to

(2) The court may direct in what manner the damages recovered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for the mainte- nance of the wife, or husband.

15

Mainte- nance pendente lite and expenses of proceed- ings.

41. Where in any proceeding under Chapters IV to VII it appeais to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the peti- tioner the expenses of the proceeding, and monthly during the proceeding such sum, as, having regard to the petitioner's own income and the income of the respondent, may seem to the court to be reasonable.

20

Permanent alimony and main tenarcce.

25

3°

42. (1) Any court exercising jurisdiction under Chapters IV to VlTTnay, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for hor or his maintenance and support such gross sum or such monthly or periodical sum for a term, not exceeding the life of the applicant as, having regard to the respondent's own income and other pro- perty, if any, the income and other property of the applicant and the conduct of the parties, may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

35

(2) If the court is satisfied that there is a change in the circum- stances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

40

(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried, or, if such party is the wife, that she has not remained chaste, or, if such party in the husband, that he has had sexual intercourse with any wonrnn outside wedlock, it shall rescind the order.

43. (I) In any proceeding under Chapter VI or Chapter VIT, the court mav make such Drovisions in the decree AS if: rfwmn met auri

Picposai of pro- perty, 733 G of I Ex.—6.

proper with respect to any property presented, at or about the time of the marriage, which may belong jointly to both the husband and the wife.

5

10 (2) In any case in which the court pronounces a decree for divorce or nullity of marriage, the court may 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 any part of the property so -settled (whether the settlement is for the benefit of the children of the marriage or of the parties to the marriage or both), as the court thinks fit.

(3) The court shall not make any order under sub-section (2) for the benefit of the parents or either of them at the expense of the children.

i5 Custody of Child- ren.

20

15 44. In any proceeding under Chapters IV to VII, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, 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 such children as might have been made by such decree or interim orders in case the proceeding for obtain- ing such decree were still pending, and the court may also from time to time rivoke, suspend or vary any such orders and provisions previously made.

30 45. A proceeding under this Act shall be conducted in. camera if either party so desires or if the court so thinks fit to do, and it shall not be lawful for any person to print or publish any matter in rela- tion to such proceeding except with the previous permission of the court.

Proceed- ings may be in camera and may not be published.

Appeals from de- crees and orders.

35 40, All decrees and orders made by the court in any proceeding under this Act shall be appealable as decrees of the court made in the exercise of its original civil jurisdiction and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction:

Provided that there shall be no appeal on the subject of costs

only.

47. All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees 40 Enforce- ment of decrees and orders.

and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced.

CHAPTER IX

PENALTIES

5

Punish-

ment of

bigamy.

45 of I860.

IO

48. Every person whose marriage is solemnized whether before or after the commencement of 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 for the offence of marrying again during the lifetime of the husband or wife, and the marriage so contracted shall be void.

49. Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (ii), (iv) and (v) of section 4 shall be punish- able—

*5

Punish- ment for contraven- tion ol certain other con- ditions for mar- riage.

(a) in the case of a contravention of the condition specified in clause (ii) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both,

20 (b) in the case of a contravention of the condition specified in clause (iv) of section 4, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both, and

25

(c) in the case of a contravention of the condition specified in clause (v) of section 4, with fine which may extend to one thousand rupees.

50. Whoever, for the purpose of procuring a marriage * * *

intentionally,—

30

(o) where an oath or declaration is required by this Act, or by any Church or group according to the rules of which a marriage is intended to be solemnized, makes a false oath or declaration, or

Penalty

for false

oath, dec-

laration,

notice or

certificate

for pro-

curing

marriage.

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

35 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

False pei - sonation by person objecting to mar

5 UBEJO

45 of i860 51. Whoever makes an objection to the issue, by a * Mints- ter or a Marriage Registrar, of a certificate, by falsely represent- ing 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 to be guilty of the offence described in section 205 of the Indian Penal Code and shall be punishable accordingly

1O bolemniz- mg mar- i lage with- out due authority.

52. Whoevier, not being authorised by section 6 to solemnize marriages, solemnizes or professes to solemnize under this Act a marriage between persons who are Christians, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to two thousand rupees.

is S3. (1) Whoever, being a * Minister or a Marriage Registrar, in contravention of the provisions of sub-section (3) of section 14, wilfully or without just cause takes more than thirty days from the date of any objection to an intended marriage for the purpose of inquiring into the matter of the objection and arriving at a decision, shall be punishable with fine which may extend to five hundred rupees.

20 Penalty for not deciding objections within prescribed period or refusal to solemnize marriage (2) Whoever, being a "'Minister or a Marriage Registrar, refuses, without just cause, to solemnize a marriage under 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

54. Whoever, being authorized under this Act to solemnize a

25

marriage, knowingly and wilfully—

(a) solemnizes such marriage—

(i) without publishing a notice regarding such marriage

as required by any provision of this Act, or

Penalty for wrong- ful action of Mar- riage Re- gistrar or Minister, etc

(ii) in contravention of any other provision contained 30

in this Act, or

(b) issues any certificate in contravention of any provision

contained in this Act,

3<> ahall be punishable with simple imprisonment for a term which may extend to one yeer, or with fine which may extend to five hundred rupees, or with both

Destroy- ing or falsifying Marriage Certificate Book= 5

55. Whoever, by himself or another, wilfully destroys or injures any Marriage Certificate Book, or any part thereof or any authenti- cated extract therefrom, or falsely makes or counterfeits any part oi' such book, or wilfully inserts any false entry in any such book or authenticated extract, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine which may extend to two thousand rupees.

56. Any person who prints or publishes any matter in contra-

vention of the provisions contained in section 45 shall b" punishable

with fine which may extend to one thousand"rupees.

\o

Penalty for pub- lishing proceed- ings held in camera

Limitation for proae- cutions.

57. No prosecution for any offence punishable under section 49, section 60, section 51, section 52, section 53, section 54, section 55 or" section 56 shall be instituted after the expiry of two years from the date on which the offence is committed.

15 CHAPTER X

MISCELLANEOUS

Liability for fri- volous ob- jections.

20

58. (i) Where any person makes an objection against the issue of any certificate of notice of marriage and the Marriage Registrar under section 14 or the district court under sub-section (5) of sec- tion 5 or under section 15, declares that the objection isToTreason- able and has not been made in good faith, the Marriage Registrar or the district court, as the case may be, may, after giving such person a reasonable opportunity of being heard, award, by way of compensation, costs, not exceeding one thousand rupees, to the parties to the intended marriage.

25

(2) Any person aggrieved by an order of the Marriage Registrar or the district court under sub-section (1) may, within a period of thirty days from the date of the order, appeal to the district court or the High Court, as the case may be.

3O (3) Subject to any order passed on appeal under sub-section (2), the order of the Marriage Registrar or the district court under sub- section (1) shall be final.

35

(4) Any order of costs made under sub-section (1) may be exe- cuted in the same manner as a decree passed by the district court within the loc.il linyts of whose jurisdiction the office of the Marriage Registrar is situate.

Savings regarding irregulari- ties.

59. Whenever any marriage has been solemnized between two Christians under this Act in accordance with the provisions of this Act, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely: —

40

(0 any statement made in regard to the dwelling-place of

the persons married;

(ii) the notice of the marriage; (Hi) the certificate of the notice of the marriage or transla-

tion thereof;

(iu) the registration of the marriage.

5 Correction of errors.

10 00. (1) Any person authorised to solemnize a marriage under this Act, 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 absence, in the presence of two other 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.

(2) Every correction made under this section shall be attested by

the witnesses in whose presence it was made.

15 (3) Where a copy of any entry has already been sent under sub- section (3) of section 20 to the Registrar-General, such person shall make and send in like manner a separate certificate of the original erroneous entrv anH of fhn m"™ini nnrrontunn +u"™;" m n^n

61. Subject to the other provisions contained in this Act, a mar-

20 riage under this Act may be solemnized by a Minister—* • •

(a) in a church building, or

(b) in any other place agreed upon between the parties to the marrriage, if solemnization at such place is in accordance with the custom or usage applicable to the community to which the parties to the marriage belong.

25 Solemni- zation of marriages by Minii- ters of Church in places sanctioned by custom or usage.

<®_ Every Marriage Registrar shall be deemed to be a public

servant within the meaning of section 21 of the Indian Penal Code. " Of 1860 Marriage Registrars to be deemed to toe pub- lic ser- vants.

63. The Marriage Notice Book shall be open for inspection at all

reasonable times, without fee, by any person desirous of inspecting the same.'

30 Inspection of Mar- riage Notice Book.

^64. (I) 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.

Inspection of Mar- riage Certi- ficate Book.

(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the person who solemnized the marriage or

35

other person having the custody for the time being of the Marriage Certificate Book, to any person who applies for the same.

(3) Inspection of the Marriage Certificate Book under sub-section (1) and the grant of certified extracts therefrom under sub-eection (2) shall b e-

5

ta) without fee, if applied for by the parties to the marriage

at or about the time of the marriage,

(b) subject to the payment of the prescribed fees, in other

cases.

Certified copy to be evi- dence.

10 65. Every certified copy, purporting to be signed by the person entrusted under this Act with the custody of any Marriage Certifi- cate Book, of an entry of a marriage in such Book, shall be received in evidence without production or proof of the original.

15

Language of notices and decla- rations.

66. (1) Any notice to be given or declaration to be made by any person in respect of an intended marriage under this Act may be given or made in a language commonly in use in the State or the part of State in which the notice is given or declaration made; or in Eng- lish.

20

(2) Every person solemnizing a marriage under this Act shall satisfy himself that the parties to the marriage have understood the contents of the notice given and the declaration made by each of them, and (where a certificate of notice of marriage is required to be issued under this Act) of the certificate of notice of marriage issued for the marriage.!

25 67. No Minister * * * shall be compelled to solemnize any marriage, the solemnization of which would be contrary to the rules of the Church or group of which he is a Minister.

Ministers not com- pelled to solemnize marriages contrary to the rules of the Church.

5 of 1908 30

68. For the purpose of any inquiry under this Act, the Marriage Registrar shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of witnesses

Powers of Marriage Registrars In respect of inqui- ries.

and examining them on oath;

(b) discovery and inspection;

(c) compelling the production of documents;

35

(d) reception of evidence on affidavits; and

(e) issuing commissions for the examination of witnesses.

5 45 of 1860 and any proceeding before the Marriage Registrar shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.

Explanation.—For the purpose of enforcing the attendance oi any person to give evidence, the local limits of the jurisdiction of the Mar- riage Registrar shall be the local limits of his district.

69. (1) The Central Government may, by notification m the Power to make

10 Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the ioregoing power, such rules may provide for all or any of the follow- ing matters, namely:—| I

(a) the duties and powers of Marriage Registrars and the areas in which they may exercise jurisdiction;

15

(b) the manner in which a Marriage Registrar may hold inquiries under this Act, and the procedure therefor;

(c) the form and manner in which any books required by or under this Act shall be maintained:

20 (d) the fees that may be levied for the performance of any duty imposed upon any person under this Act;

* * * • *

(e) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent to the Registrar-General;

25 (f) any other matter which may be, or requires to be, pres-

cribed"

30

35 (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expirv of the session in which it is so laid or the succesbive ses- sions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such moii'"- cation or annulment shall be without prejudice to the validitv -r anything previous done under that rule

Rules by the High Court.

5

70. The High Court may, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act as it may consider expedient for the purpose of regulating the proce- dure to be followed in petitions under sub-section (6) of section 5 or under section 15, and for the purpose of carrying into effect the pro- visions of Chapters IV to VII.

71. A marriage solemnized before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid merely by reason of any provision contained in this Act.

Savings re- garding marriages solemniz- ed before the Act.

43 of 1954-

Savings for other marriages.

¹⁰ 72. Nothing in this Act shall affect the provisions of the Special Marriage Act, 1954, or apply to any marriage solemnized under that Act.- 1

Repeal.

15

4 of 1869. 15 of 1872. 16&17 Geo. 5,c. 40. 3 & 4 Geo. 6, c. 35. 9& 10. Geo. 6, c. 5.

20

73. (1) The Indian Divorce Act, 1869, the Indian Christian Mar- riage Act, 1872, the Indian and Colonial Divorce Jurisdiction Act, 1926, the Indian and Colonial Divorce Jurisdiction Act, 1940, the Indian Divorce Act, 1945, and any enactment corresponding to the Indian Christian Marriage Act, 1872, in force In the territories which, immediately before the first day of November, 1956, were comprised in the States of Travancore-Cochin and Manipur, are hereby re- pealed.¹

(2) Notwithstanding such repeal—

15 of 1872.

(a) all marriages duly solemnized under the Indian Chris- tian Marriage Act, 1872, or any such corresponding enactment shall be deemed to have been solemnized under this Act;

25

30

(b) all suits and proceedings in causes and matters matri- monial which, when this Act comes into force, are pending in any court under the Indian Divorce Act, 1869, or under the Indian and Colonial Divorce Jurisdiction Act, 1926, or under the Indian and Colonial Divorce Jurisdiction Act, 1940, or under the Indian Christian Marriage Act, 1872, or any such corresponding enact- ment, shall be dealt with and decided by such court as if this Act had not been passed. •

4 of 1869. 18&17 Geo. 6, c. 40. 3 & 4 Geo. 6, c. 35.15 of 1872.

35

10 of 1897, 16&17 Geo. 5, c. 40. 3 & 4 Geo. 6. c. 35 e&10 Geo. 6. c. 5

THE FIRST SCHEDULE

[See section 2(n)]

PROHIBITED RELATION&HII1

PART I

1. Mother.

5 2. Father's widow (step-mother).

3. Mother's mother.

4. Mother's father's widow (step grand-mother).

5. Father's mother.

IO 6. Father's father's widow (step grand-mother).

7. Daughter.

8. Son's widow.

9. Daughter's daughter.

10. Daughter's son's widow.

11. Son's daughter.

15 12. Son's eon's widow-

13. Sister.

14. Wife's daughter (step-daughter).

15. Wife's mother. 16. Wife's son's daughter (step-son's daughter).

20 17. Wife's daughter's daughter (step-daughter's daughter).

18. Wife's father's mother.

19. Wife's mother's mother.

Explanation.—For the purposes of this Part, the expression ''widow" includes a divorced wife.

25

PART II

20. Father.

•21. Mother's husband (step-father).

22. Father's father.

23. Father's mother's husband (step grand-father). •30

24. Mother's father.

25. Mother's mother's husband (step grand-father),

26. Son.

27. Daughter's husband.

5 28. Son's son.

29. Son's daughter's husband.

30. Daughter's son.

31. Daughter's daughter's husband.

32. Brother.

10 33. Husband's father.

34. Husband's son (step-son).

35. Husband's son's son (step-son's son).

36. Husband's daughter's son (step-daughter's son).

37. Husband's father's father.

15 38. Husband's mother's father.

Explanation.—For the purposes of this Part, the expression

"husband" includes a divorced husband.

THE SECOND SCHEDULE

[See section 10(1)]

²) FORM OF NOTICE OF INTENDED MARRIAGE

To

The [• Minister]!

[Marriage Registrar]! for

25

We hereby give you notice that a marriage under the Christian Marriage and Matrimonial Causes Act, 1963, is intended to be solemnized between us within three calendar months from the date hereof.

Name Condition Occupa-

Length of residence

Da*e of birth

tion

Dwelling Pl""

30

•*Plnce *ln which mar- riage is to be solemni- sed.•••

Pet-mar ert dwellirg pl"ce, if present dwelling piece 110 L permar em

35 tStrike cfl what 1$ inapplicable^.

A.B. Unmarried

Widower

Divorcee

CD. Unmarried

Widow

5

Divorcee

Witness our hands, this

day of 19

[O (Sd.) A.B. (Sd.) CD.

NOTE.—In the case of a minor bride for whose marriage the consent of her guardian is required, in addition to the bride, the guardian also should sign on her behalf.

THE THIRD SCHEDULE

[See section 13(3)]

J5

FORM OF CERTIFICATE OF NOTICE

I, do hereby certify that, on the day of , notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under the hand of both the parties, that is to say,— 20

Name Condition Occupa-

tion

Date of birth

Dwell- ing place

Length of residence

••Piece "in which m"r- r age is to be solemni- z e d ." 25

Permanent dwelling place, if present dwelling place not permanent

A.B. Unmarried

Widower

Divorcee

35 CD. Unmarried

Widow

Divorcee

and that the declaration required by section§ of the Christian Marriage and Matrimonial Causes Act, 1963, §has been duly made by the said

Date of notice entered

5 Date of certificate given

Witness my hand, this day of

19

(Sd.)

This certificate will be void unless the marriage is solemnized on 10 or before the day of 19

*Ministerf

Marriage Registrar^

THE FOURTH SCHEDULE

[See section 9 (2) (c) and section 13 (2)] -

15 DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows: —

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.

²⁰ 3. CD. (the bride) and I are not within prohibited relation- ship/Although CD. (the bride) and I are within pro- hibited relationship, the custom governing each of us permits of a marriage between us twoj.

4. I am a Christian.

²5 5. I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine.

(Sd.) A. B. (the Bridegroom) DECLARATION TO BE MADE BY THE BRIDE

I, CD., hereby declare as follows:-—

³⁰ 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.

§Tobe filled up. fStrikc off what is inaDphcable. JStrikc off if not applicable If .n lku of gaard:a i's consent, perm ss on of ihe d:strlct court has bee:i obtained, stale so, giving full particulars relating ihereto.

3. A.B. (the bridegroom) and I are not within prohibited relationship/Although A.B. (the bridegroom) and I are within prohibited relationship, the custom govern- ing each of us permits of a marriage between us twof.

5 4. I am a Christian.

5. Consent of my guardian in marriage, Shri has been obtained to my proposed marriage with A.B.f

6. I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine.

(Sd.) CD. (the Bride). ¹⁰

NOTE.—In the case of a minor bride for whose marriage the consent of her guardian is required, the guardian should make the following declaration:—.

DECLARATION TO BE MADE BY THE GUARDIAN

15 I, R.S., guardian of CD., have given my consent to her mar- riage with A.B.

(Sd.) (R.S.) (guardian of CD.)

20 Signed in our presence by the above-named A.B. and CD. So far as we are aware there is no lawful impediment to the marriage.

(Sd.) G.H. ^ TI ('PS) V Two witnesses-

1

(Countersigned) E.F.

* Minister^

25

"Marriage Registrar:):

Dated the day of 19 •

THE FIFTH SCHEDULE

[See section 20 (1)]

FORM OF CERTIFICATE OF MARRIAGE

30 I, E.F., hereby certify that on the day of

t Str ke off if not applicable. If in 1 cu of guard an's consent, pcimission of the district couit hfl6 been obit ried, state so, g'v.ng full partcy!ars relating thereto,

•Strike o£ wbat is inapplicable.

5

19 A-B. and C.D.f appeared before me and that the declara- tion required by section! of the Christian Marriage and Matrimonial Causes Act, 1963, was duly made, and that a marriage under that Act was solemnized between them in my presence and in the presence of two witnesses who have signed hereunder.

(Sd.) E.F.

* Minister §

Marriage Registrar §

(Sd.) A.B.

10

Bridegroom.

(Sd.) CD.

Bride.

15

(Sd.) G.H. ^ _ ,o, . T T )i Two witnesses. (Sd,) I.J. f

Dated the day of 19

M. N. KAUL,

Secretary.

•fHerein give particulars of the purt-es. tTo be entered. §Strikc 011 what is ipapniicshle.

PRINTED IN INDIA BY THE GENERAL MANACEH, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 6S