[ Form I filed 8 petiby requirad (6:30 A M.
and able 1o oresaid day, o your zhse- ¥ docoments Bich you insefore (he ...
S T il Judge.
No.
Bihar Special Marriage Rules, 1955 AfAB-405/54—2560—J., dated 25¢h May, 1955 —In exercize of the confercea by section 3005 the Special Marnage Acl, 1954 (XL of fs?.;‘;c;ulllfi C;Dvcrncr of Biher is pleased (o make the fallewing rules ;
¥
2.
These rules may be called (he Bihar Special Marriape Rules, 1955, In these rules, unless there e anything repugasnt in the fubiect or content,— (a 3 the Act’ means the Specinl Marriage Act, 1954 (XLIIT of 1254); (b} ‘Form’ weans u fora: appeadéd 1o hese rules;
(c ) ‘Marriage Certiboate Baok' wmeans the Marniage Cerliicgr, Giogk, prescribed unaer section 13 of the Aer:
(0) 'Mafriage Nolice Book' means the Marriage Notice ook pre- scribed wader secticn 7 of the Act, {e) *Marnage Olficer’ means Lhe Marriage officer appoioled under i sub-section [F) of section 3 af 1he Act;
*Regiatrar General® means toe Re:gisrra; éppoj;,[cd under Act V] of 1886 and () ‘section’ mwesns & section the Act,
3.1 1) Every Murciage Officer shail cause bis pame, designation and the regular-working bours of nis office 1o pe Wrien ia Enghist: and In 1he langue shali also be pu- biished by afiziog it to a CODSPIcUcUa part of the office of the District Magist- rate and District fudge of his district,
(2) 1030 8.m hours of 6.30 a.m., sod L1.30 e.m., when [he office is b
4. ( | wriling in the form specifitd in the Second Schedule o gt oflicm_hnm_mu_uggqin_r_qn_dins ) | or by registercd post, T S 1) in Rule 10 shall be paid dicectly in cash to the Mare ‘natice is gen! by registered Post, the fee shall pe IenL the remitter's EXpLnie gnd tAS recoipt issued 1o the rem; through which the remittance is made shall be atlached t
(3) distinztive serigl oumber soall he enicred Lof receipt cer, I the notice is ip wul’cro‘.ny with the reqQuiremen| entered in the Marriage Notjce Bauk in Form | which we, und the pages of which eha)| b reachice-numbers uominal indey attached, I the natice is 29t in coafur All registrations at the office shail be mece belween the hours of nand Spom., when the office is bicld jn (he day &nd belwess the ¢ld ig the wmorning, 1) Motiez of sy intended wirriage under the Agl boall be given ip Ach Lo Lhe Marngge ge either 1z persoy toter in Lo the ma Where the natice is delivered in Person, the fec preseribed therefor age Oficer; where the ed by money gricr gy Ler by tlie Pog| Cillice 0 the notice, A S000 43 the notice has been recejved by the Marej 1 an it gad such number aud the date ol the notics shall be ullested by the sipgaiyg e o s s e e b orrpeesif £} ] Bihar Special Marriage Rules ! Rules 5-6 of the Act it ghall be got rectified by the parties it they are PCEENL, OF returg- ed ta them by past lar reclilication and relsacimissing withip o date ta be fixed. Every itew of reclification shall be allested By boch the parties.
5. A true copy of the aotice under Lhe seal and sigoature of the Macri- age Officer shall he exbubilea in s conspicunus place 1p his office for thirly days before the registration of tbe masriage.
6. (1) Whers an objection to 1he kdlerpizalion of an intepded marriage together with the fes prescribed herefoe in Rule 1 has beew received wnd (2] The Macriage Olficer shall, at the time of recarding the abjectiop, ascertain from the ebjsctor whether he has zay documents on which he relses or whether be desires any wilness ur withesses 1o he exgmined om his bebalf If the abjector states (hut ke has, the Mareiage Officer stall require the objec- tor to produce the documents or the witnesses o0 the day fixed for the enquiry, II the objector desires that sUwmenses shall be issued Lo the witpe- #scs to appear and give evidence or produce any docuwnent, he Murrisge Officer sball issue such summonses cited, on payment of the process fee prescribed therefor in Rule 10 and the reasonable sapenses of travelling and subsistzace of the witoesses, The eoquiry reluting (o the abjection including the produciion of documents aod the framinatian of witnesses shail be com- pleted and the decisian of Marciage Officer arrived ac witkin the period of thicty days specified in seclion B. | wiihin the preicnbed period. the docy- menfs are 001 produced and the witaesses do ot appear pefore the Macriage Officer, the Marriage Officer shall lakea decision without waitiog for the production of such document or 1he apparance of such witnesses,
(3) The Marriage Oficer shali also give piotice of the date knd time dxed for the coquiry to 1he parties 1o the inreaded marriage.
(#) The natice or summons to w0y parly ar witneas under this rule shajl be in Form L[ or Form [11, as the cgse may be, and skall be sent by registered doat.
(5) Onthe day fixed for the enguiry or on &ny adjourped date, the Marriage Qficer shall record in bis own hand the evidence Biven in the course of enguiry.
(6) [T the Marriage Officer is satisfled Lhal the objsction is bascless, he ahall register the warrizge, ocherwise the registration shall be refused and the téasons far sich refusal aball be entered in the Register of Refusal, which shall be malutained by him in Form IV. The order shall be commupicated 1o the partics coocerned includiog the aojsctor.
7. {1) The place, other thas a Marriage Officers’ office, where o marrias ze it to be registered, shall be determingd by the paslies themselves, who shall specily such place in writing at 1he (ime whben the notice oflhelmtmdcd marrags is given to the Marrigge O'Beer. Such mErriage may be registered at any regtonable baur, 165 { Rules 56 #nt, ar returne date to be wries.
‘© of the Marroffice for rhicty =nded merriage n received and T in wriling he o0 12 not hased 4, coquire toto all aot be later . He shall alse riage, 1 fhe objection, which he relics d o his bebalf, quire the cbjecy Uxed for the ed to the witnethe Marriage be process fee T lravellivg apd clion ineluding :5 shall be com- 1 owhe period of eriod. the docurc the Marriage vaiting for the ses.
caod lime fixed i this rule chatl 1 by registered surned date, the e o the course 1§ baseless, he refused and the 15a], which shall ounicaled to the where a marrlas iebves, who shall of the intended be reginteted at ) Hules 8-10 ] Bibar Special Macrisge Rujes 33 (2} Ifsuck place is not at & distunce of more thet Bve mles Trum the Marriage Officer's ollice, the travelling silowancs 107 such silendaice shall pe two rupees; and i moce than five wiles, the travoling shiowance shall be six apnas per wmile, 0 addition to the fee payable vroer vsuse (voly of Kyl 0,
8. (1) Ao application under scction 16 lor Lhe registraticn of (he marriage celebroted (n obher form shali be in Form V, [~ @ Suhapp " one of the gar !
: (3} On receipl of an appliction under sub rule (1) the Marriage Offeer shall publish & ootice Lhetes! in Form VI undes bis seal and Sighalure in a conspicugus place in bis offics, o by any
(4) Any objection received within the sgid period together with the fee preseribed therefor in Hule JD_ shell be recorded and 1he EOYUITY 10 TEspect therero made as nearly as possible in the manoer preserced in Kole &,
9. The Murriage Cerlificate Book sball be 3 bound volume, the pages of which shall be machice-numberey conseculively with 3 pomioal aaex - #llached. Every macnages certibcule eg leeed therein dUring each calcudr:fir will be conseculively numbercd @nd cvery AUTReOTIVATEd Topy 0178 CEFhibea E§ued (6 he parfics shall Boar this AUEELET 800 the date, wonin and the ¥ in which the certificale was entered, 3 10, The following fecs ahall ba levied by the Marrisge Officer (iy Forevery notice of (nlended mariiage or applicaticn far the reg- istration of & mamiage (Lo be paid by 1he purties (o the wirriage), Rs. 2-8, (iiy Eorzrgcwdins a0 objection (1o be paid by Ihe objeetor), 8. &0, Giiiy E“F;J“’ enquiry {10 4o ebjection {to be paid by 1he objectary, &7 al.
{iv) For C¥Ery _nou'ce and for every summons 40 8 witness 1o appear and give evidence or produce & documenl (lo be paid by the chjector, annas 8.
=< (v) For solemaizing of registering o marcioge Lo be paid b . Lies (o the mau:agg) Ke. 3, LU Paid by the par
(vi) Fara certified copy of eqrry— (ay in the Marcige Notice Book olher thap ) alj I 3 e robom, B0 eniry relaliog (o ap by ie tbe Marriage Certificale Book o icats £ ant), Rs, 2-, o0k (1o be. paid by the applicats .
(vliy Foru certified copy :!_‘ 40y enlry in the Marriage Notice Book other than & nelice or of oy ather Proceeding got already provi- ded for (to 5e paid by the applicans), Rs, 2-8, - L¥iii) FSMR‘:SiS“mug 4 marriage celebeated in prheg berms under section 15, Ra, 5, {ix} For solembiziog a mErciage Bt any place outsid c h Marciage Ofbces R 14, y pl side the offize of the 14 Bibar Special Martiage Rules [ Rules 1].15 (2} Far making s search {to be paid by the applicant)— {a) 1f the cotey is of the current iear, annas §.
(b} if tke colry relaled to apy previous year o years, Ra. ) for epck such year. b The fees prescribed above shall be paid either in person of remitted by waney order to the Marriage Officer, A receipd de'y cigned by the Marrizge Officer shall be iszusd foc all fees received by him vnder the Act and the rules. The receipt boaks shall be boupd volures of one buadred leaves each with foils and counierfoils which shail be machine-cumbered consecutively. 4l moneys received by the Marriage Officer except the fee wenlioned in entry (ix) above, wiich may be retzined by him, shall be remitted iato the local reasury.
11. Coapies of enlries in the Marriage Ceitificate Book which Marriage Officers are required (o seod under aection 48 1o Lhe Regisirar Genernl shall he certified io Form VIl and shall be gent al iotervals of three months <o, or a1 nearly g possible after, the Ist of Jaavary, April, July sayd "October 1o ecach year. Should no epiri e beer made i the Baok during the preceding three meuihs & cariiicale Feet <hal! be sent (o the said Registrar-Genera),
12. Auannoal alpkabetical index of all marriages regisiered under tue Act shall be prepared end mainietosd io the office of the Marriags Offizer and the Registrar-General in the follewing form —_ Marrizge Cerlificate book 8l Name Father's e e HMo. name and S, Veolume Mo, Page No.
aduress No.
| 3 3 q ] 6
13. The [ees realized by the Sub-Registrac or other Gavernment secvents as ex officic Marriape Reaisuars shall be crediled 1o Goversment under the head ©*XI—Regisiration—Miseellancous—Fees under tie Special Marriage Act’ and the travelling allowanee shall be retained by them.
14. Forms and books shail be supplied fres of cost 1o Mairiage Registrars by the Rcgcirar-General
15. The books and forms shall be preserved as follows ;
(i) Marriage Certificate Book-—Permanent, (iiy Marriage Notice Book--Permanent.
(ifi) Index—Permenent.
(iv) Motice of registration-3 Years,
(v) Declaration Permanent,
(vi) Refusal register—12 Yeurs, [ Rules t1-]§ ars, Rs. | for r remitled by d for zll fees hall be bound vhich shall ke rriege Officer ined by bim, ich Mariiage ncral shall be nlhs o, or as wher jo cach eeeding three ac-General, sred wndes (he g Officer and beate book ¢ Ne.
wernment ser- ‘ropent under wial Marriage srriage Regis- % Formg 1-11 § Bihar Special Marriage Rules as FORM 1 {Sce Rule 4 (3} Marrizge Natice Book Male Female
1. Nemes of parlies .
| nnmarcied :
divorced QACJ, Whether L widower, or | widow Age Occupation - Present address Permanent address Length of residence Date of ootice Matore of objection Remarks Signature of Merrioge Officer with date, e f E m a a L a w FORM IT i (Sce Rule 6 (4) ) e Notiee Before the Marriage Officer... .........(place) Tn the matter of the Special Marriage Act, 1954, and intended marriage belwken in the matter of the————— ——— — - " application to register Lhe marriage betwee o B and (give names and addresses) D F Objectar i T notice of 80 intended marringe :
Whereag—-— e — e —_——— an application for the registration of the marriage between A. B.and C. D). was received by the Marriage Officer on ... .. .. .. ... .. .. wherereas B F. bas peeferred certain objections (set out over leaf to solemnization the—registration—of the marriage and whereas the Marriage Officer will hold 40 coquiry inlo the matler of the said ObEEMDRE 00 day of... ... 19 16 Bihar Special Marrlage Ruics [ Forw 111 i F it bis office, you are berehy required to he present ar.. ... _a o p. m. on the said day together with all documents on which you rely and gny witness or witnesses whom you may desire Lo be examined on your behalf, Take notice that in default of your appearance on the aforesaid duy, the enquiry will be made snd decided in your ahsence.
Should you apprehend thal your witness will ot Bilend unless sumeno- ned by the Marriage Offeer, vou should wpply te the Marringe Officer for the issue of such summons s fcient e carly togetber with the prescribed prosess fes and the rezsosable expeases of travelling and subsistence of the witness, Given vader my hand 2od seal.
Station : Signalure, Date 1 Marrioge Officer.
Seal.
Set out the objections on the reverse of this natice.
: L] FORM NI [ See Rule 6 ¢4y Summons to Witness Baloge She Marslise: Oficer . .. o ool i G ons . (place), Yo tbe matier of the Speciat Marriage, Act 1954 acd In the matter of the intended malriagefapplication to register the marriage between @ A E el v (give name and addresses), & B R F {vhjector) To A Whereas your attendance is requited to give evidence on behalf of ... e o wmeo-e ooiD the Bbove melter, you are hereby required 1o Appear persannally hefore me or to cause to be produced before me Lhe documents specified hereunder on the... .. ... ..dsy of . .. .19 . _al.. .. a. m.fp, m. A sum of Rs ... ... .. .. ..being your travelling asd other expenses for one day is herewith sent.
If you fail 1o comply with this summons withaut lawful cause you will he subject (o the consequences of non-sltendsnce laid down in Ruls 12 af Qrder XVI of the Code of Civil Procedure, 1908, .
Take notice tbat, in defsult of your eppearance on the aforesaid day, the inquiry will be made and decided in your absence.
Given under wy haod and seal, Station : Slgnziure Date : 1 Marriage Ofcer, Saal, L] A e = - R — — e — — — [ Form 111 el L P rely and any it behalf esaid day, the injess summo- Officer For the ribed process the witoess, ature, ge Officer.
Seel, - (place), the marcisge chalf of ... ...
ppear persanente specified & m.fp. m. A enses for gne se you sill be le 12 of Order esaid day, the Datue ge Olficer, Seal, Forms IV-V ] Bihar Specia) Marriage Rules ar FORM I¥ : o [ Sec Rule & {f) ] Serial No. Mome of Reason for | Dale af Date of filiog Partics. refusal Communicatioo appeal, il any, Bad of order the result of such appsal, 1 2 3 4 5 Place :
Date :
= Signature of Marriage Officer, L ] FORM V [See Rule 5 (F) ] Application for & marriage vnder section 15 of the Special Marsiage Act, 1934 (Act XLIII of 1954)
1. Neme of parties A B {Husband) e D (Wile)
2. Age or date of birth Husband Wire Permanent dwelling-place, if any Present dwelling-place, Relationship, if any, of parties before marrisge.
A ceremony of marriage was performed between A B and C Den.. ..., 5 T at.. - and we declice that we have living together s husband and wife sver since the dale poled above.
We hereby declare that— (i} neither of us bad wore than one spouse living on the dale meationed in this applicalicn .
(i) neitber of ut is ao idict or fusetic;
(ifi) both of us have completed the age of iwenly-one years on (ke date of this application ;
{iv) we are pot within the degrees of prohibited relationship.
Qur marrigge was celebrated before the commencement of the Special Marriage Act, 1954 (XLII of 19541, and aceording 10 the law cfncm or usage having the force of law, governing each of us, 2 mum‘as: HE.
ween U3 15 permitted, though we gre withio the degrees of ihi relationship aecording to the Act aforesaid, & protibsied Note.—Score oul whichever is not applicable, e k1 Bibar Special Marrisge Rules [ Form V1
(v) we have been resideng within the jurisdiction of ... ... ... .. .. .
the Marriape Officer at .. ... ... ..fora period of sot less thae thiry deys immediately preceding the daete of this application, We also declars that all the above particulars arc trug to the best of our koowledge and bebiel.
Sigoature Station ;
(Husbeod) Date t . e e R (Wile) [ ] FORM VI [See Rule 8 (3) ] Molice of application for Regustration Natice is herchy given that an applealion has beso received (Tom A B endCD {here enter the particulais) for the registration of their masrisge Loder Chapter 110 of Saecial Marriege Act, 1954 (XLIII of 1934) Any person baving aoy objection to the marriege may, withio thirly days af the publication of this notice, apply n writing te ths undsrsigoed specifying the grounds for such objection.
Place :
Date Marriage Ofbcer