Acts And Rules: Other Acts
Special Marriage (Karnataka) 1rules, 1961
No. HD. 13MCIM 59(1), dated Bangalore 2nd May 1961
(Vaisakha 12, Saka Era 1983).
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
These Rules may be called the Special Marriage Karnataka Rules, 1961.
shall extend to the whole of the State of Karnataka.
2. In these Rules :-
means the special Marriage Act, 1954 (Central Act 43, of 1954)
means a form appended to these Rules;
Section means a section of the Act.
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
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.
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.
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
Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page
1003 to 1010.
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
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.
true copy of the notice under the seal and signature of the Marriage officer
shall be exhibited in a conspicuous place in his office.
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.
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.
marriage Officer shall also give notice of the date and time fixed for the
enquiry to the parties to the intended marriage.
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.
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.
An application under sec. 16 for the registration of a marriage celebrated in
other forms shall be in Form III.
Such application shall be presented to the Marriage officer by any one of the
parties in persons or sent to him by registered post.
Notice of the application under sub-rule  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.
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.
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.
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
10) The following fees shall be levied by the Marriage Officer :-
every notice of intended marriage or application for the registration of a
marriage (to be paid by the parties to the Marriage)
recording an objection (to be paid by the objector)
every enquiry into an objection (to be paid by the objector)
every notice and for every summons to a witness to appear and give evidence
or produce a document [to be paid by the objector]
solemnizing or registering a marriage [to be paid by the parties to the
certified copy of an entry:-
a) in the Marriage Notice Book other than an entry relating to an
b) in the Marriage Certificate Book (to be paid by the applicant)
certified copy of an entry in Marriage Notice Book other than a notice or
any other proceeding not already provided for (to be paid by the applicant.
solemnizing a marriage at any place outside the office of the Marriage
officer in addition to the fee in entry (v) (to be paid by the parties to
This fee may be appropriated by the Marriage Officer no travelling
allowances shall, however, be claimed in addition.
making a search (to be paid by the applicant):-
(a) If the entry is of the current year
(b) If the entry related to any previous year or years (for each such year)
fees prescribed above shall be paid either in person or remitted by money
order to the Marriage Officer.
receipt duly signed by the Marriage Officer shall be issued for all fees
received by him under the Act and the Rules. The receipt books shall be
bound volumes of one hundred leaves each with folios and counter foils
which shall be machine numbered consecutively. All money received by the
marriage Officer except the fee mentioned in entry (viii) above shall be
remitted into the local treasury.
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
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 :
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
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
See. Rule 6 (4)
the Marriage Officer in the matter of the special Marriage Act 1954.
matter of the intended Marriage between.
: Application to register the Marriage
(Give names and Address)
notice of an Intended marriage an application for the registration of the
marriage between AB and CD was received by the Marriage Officer
EF has preferred certain objections (Setout overleaf) to the Solemnization of
the marriage; whereas the Marriage Officer ................. registration.
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.
notice that in default of your appearance on the aforesaid day, the inquiry
will be made and decided in your absence.
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.
under my hand and seal
(see. Rule 6 (4)
Summons to Witness
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 :
(Give names and addresses)
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.
fail to comply with this summons without lawful>
under my hand and seal.
: (Seal) Marriage Officer.
( See. Rule 7 (1) )
for Registration of a Marriage Under Sec. 15 of The Special Marriage Act,
1954 (Central Act 43 of 1954)
of the parties AB[husband]
or date of Birth CD (wife)
Permanent dwelling place, if any,
Relationship, if any, of parties before marriage.
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.
hereby declare that:-
Neither of us has more than one spouse living on the date mentioned in this
Neither of us, is an idiot or lunatic.
Both of us have completed the age of twenty one years on the date of this
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
Score out whichever is not applicable.
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.
declare that all the above particulars are true to the best of our knowledge
FORM OF CERTIFICATE
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
that no entries have been made in the Marriage Certificate book in this
office during the three months ending....................................
Order and in the Name of the Governor of Karnataka.
Secretary to Government
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.
Registration of Marriages Celebrated in Other
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 :-
ceremony of marriage has been performed between the parties and they have
been living together as husband and wife ever since;
neither party has at the time of registration more than one spouse living;
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
parties are not within the degrees of prohibited relationship:
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
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 :
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.
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.
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
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.
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.
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.
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
PART - 1
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
7. Mothers fathers mother
8. Mothers fathers fathers widow (step great grand
9. Fathers mother
10. Fathers Fathers widow (Step grand-mother)
11. Fathers mothers mother
12. Fathers mothers fathers widow (step great
13. Fathers fathers mother
14. Fathers fathers fathers widow (step great
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
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
For the purposes of this Part, the expression Widow includes a divorced wife.
PART - II
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
7. Fathers Mothers father
8. Fathers mothers mothers husband (step great
9. Mothers father
10. Mothers mothers husband (step grand-father)
11. Mothers fathers father
12. Mothers fathers mothers husband (step great
13. Mothers mothers father
14. Mothers mothers mothers husband (step great
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
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
Marriage Officer for the
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.
Permanent Dwelling Place if dwelling Place not
Length of residence
Witness our hands this
.................................................. day of
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) I.J. Three
............................................... day of
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
Marriage Officer for
(Signature) I.J. Three
Dated the ...................................................
day of ............................... 20.......................
* Herein give particulars of the parties.
THE FIFTH SCHEDULE
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.
(Sd.) I.J. Three
the.................................................. day of