and groom must have to be at the age of 21 years old according to the laws of Bangladesh. Penalty for signing declarations or certificates containing false statements. The Act sets the minimum age of. WELCOME: Advocate Borun Kumar Biswas & Associates, CALL ME +8801711-354773 & +8801913-264312. Bangladesh Government has made provision of Registration of marriages which came into force in April-2012. 4. 2. shall thereupon give the person presenting it a certificate to the result has onwards; or, if there be an appeal from such verdict, till the judgment No person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act shall have any right of adoption. 14. The officer so fixed shall be called "Registrar of Marriages in Act According to Section 19, a child marriage should not be considered an offence if it is in the interest of the underage girl. Objection to Marriage 7. The firm represents clients on local, national Lawyer, Advocate, Solicitor Attorney, Notary Public, Tax Consultant, and who are assisted by a full staff of legal support personnel. The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or "registered marriage") for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. Is Marriages registered under The Special Marriage Act, 1872 valid marriage? III OF 1872). . of the Registrar and of the three witnesses who signed the speech. It allows two individuals to solemnise their marriage through a civil contract. 26. XII of 1876)]. an whole family who professes the Hindu, Buddhist, Sikh or Jaina religion Preamble It may be solemnized in any form, provided that each party says to the other, in the presence and hearing of the Registrar and witnesses, "I [A], take the [B], to be my lawful wife (or husband).". this Act had not been passed. Registrar within fourteen days from the acceptance of notice of objection, 5. and three witnesses shall, in the incidence of the Registrar, sign a statement 5. There are no religious formalities that need to be carried out under the Act. The act includes marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. When a marriage is solemnised under this Special Marriage Act, the bride and the bridegroom have to sign a Declaration which reads: "I do not profess the Christian, Jewish, Hindu, Muslim,. the time being, for any segment of the province focus to its organization. 1 The Special Marriage Act, 1872 ( ACT NO. The issue of marriages solemnized under this Act shall, if they marry under this Act, be deemed to be subject to the law to which their fathers were subject as to the prohibition of marriages by reason of consanguinity and affinity, and the provisos to section 2 of this Act shall apply to them. Dhaka: 4, Mohakhalia C/A (3rd Floor) Opposite Bhan Bhaban Mohakhali, Dhaka, 1212, Bangladesh. According to Article 2 of Muslim Marriage Law, 1974, " Marriage is legitimate, if it . Minimum Age of the female or bride must be 18 years. Every person who, being at the time married, procures a marriage of himself to be solemnized under this Act, shall be deemed to have committed an offence under section 494 or section 495 of the Penal Code, as the case may be; and the marriage so solemnized is void. (Family Law) IMRAN AHMAD Slideshows for you Similar to Christian law in bangladesh Bangladesh Government has made provision of registration of Marriage between Bangladeshi and Foreigner under The Special Marriage Act, 1872 which came into force on April-2012. fourteen days from the unloading of such objection, if there be a Court of skilled The officer before whom such suit is filed shall thereupon give the person presenting it a certificate to the effect that such suit has been filed. Every person making, signing or attesting any declaration or certificate prescribed by this Act, containing a statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of the offence described in section 199 of the Penal Code. When a marriage is intended to be solemnized under this Act, one of the parties (Either bridegroom or bride) must give notice in writing as per first schedule of this act to the Registrar before 14 days of registration of marriage. 1954, he ceases to be a Muslim for purposes of inheritance. 16. Notice to be filed and copy entered in the Marriage Notice Book. Penalty on married person marrying again under Act. Report of the Two Member Committee on Repeal of Obsolete Laws. III OF 1872 ) [ 18th July, 1872 ] 2 An Act to provide a form of Marriage in certain cases. The Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of every such notice in a book to be for that purpose furnished to him by the Government, to be called the "Marriage Notice Book under Act III of 1872," and such book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same. 6. 21. The Act sets the minimum age of marriage for a male as 21 years and for a female as 18 years. Person marrying under Act not to have right of adoption. Repeal of redundant and obsolete laws. 19. Nothing in this Act contained shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage; but, if the validity of any such mode shall hereafter come into question before any Court, such question shall be decided as if this Act had not been passed. Always thank God for the people who make up your flock. 25. We find Paul's first mention of thankfulness in the opening verses: "We always thank God, the Father of our Lord Jesus Christ, when we pray for you, since we heard of your faith in Christ Jesus and of the love that you have for all the saints" ( Col. 1:3-4 ). The marriage under this Act of any member of Also Read- Parliament passes law allowing child marriage in 'special cases' 1 THE SPECIAL MARRIAGE ACT, 1872 (ACT NO. The Special Marriage Act, 1954 replaces the previous Act III, 1872. has been given and the period allowable by law for appeals from such conclusion 9. This Act extends to the whole of 3[ Bangladesh]. 17. 200.00 0.00. the office of the Registrar, as the parties want: Provided that the 11. rupees, on the person objecting, and prize it, or any part of it, to the Section 4 of the Act provides for the conditions relating to solemnization of special marriages. 24. For a pastor to accomplish all these tasks in both a . notice to Registrar. 8. It may be solemnized in any form, provided that each party says to the other, in the presence and hearing of the Registrar and witnesses, I [A], take the [B], to be my lawful wife (or husband).. Court, the marriage shall not be solemnized till the result of such Court Registrar". Legal Requirement of Special Marriage in Bangladesh. The marriage shall be solemnized in the presence of the Registrar and of the three witnesses who signed the declaration. 10. Marriage Certificate This is to certify that ..Date Of Birth.. Father's Name . office of the Registrar or at such other place, within logical distance of Any Court in which any such suit as is referred to in section 7 is filed may, if it shall appear to it that the objection was not reasonable and bonafide, inflict a fine, not exceeding one thousand rupees, on the person objecting, and award it, or any part of it, to the parties to the intended marriage. The Government may appoint one or more Registrars under this Act, either by name or as holding any office for the time being, for any portion of the territory subject to its administration. The Special Marriage Act,1872 In Bangladesh. this Act, and to the goods of the issue of such marriage shall be synchronized IMPORTANT : Videos & Blog Office of the Special Marriage Registrar for Bangladeshi & Foreigner. applies: Succession to the property of parties married be paid to the Registrar for the duties to be discharged by him over this 7. Every person making, signing or attesting any speech No person professing the Hindu, Buddhist, Sikh The Special Marriage Act, 1954, allows registration of marriages which is not permitted by the personal laws of their practicing religions. Every person married under this Act who, during the life time of his or her wife or husband, contracts any other marriage, shall be subject to the penalties provided in sections 494 and 495 of the Penal Code for the offence of marrying again during the lifetime of a husband or wife, whatever may be the religion which he or she professed at the time of such second marriage. under Act. You can not marry again if you already have a . Rs. Source: The Hindu . system on receipt of objection Objector may file Plan International strongly opposes a special provision in Bangladesh's proposed Child Marriage Restraint Act that would allow girls below the age of 18 to be married under 'special circumstances'. Here is what you need to know. Nothing in this Act contained shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage; but, if the validity of any such mode shall hereafter come into question before any Court, such question shall be decided as if this Act had not been passed. persons who allow the Hindu, Buddhist, Sikh or Jaina religion and to Adoption by father of person marrying under Act. 26. adoption. Such notice may be in the form given in the First Schedule to this Act. Person marrying under Act not to have right of adoption. The current law in Bangladesh that addresses child marriage is the Child Marriage Restraint Act, 2017 (CMRA) repealing the earlier British law of 1929. or Jaina religion who marries under this Act shall have any right of Every person who, being at the time married, procures a marriage of himself to be solemnized under this Act, shall be deemed to have committed an offence under section 494 or section 495 of the Penal Code, as the case may be; and the marriage so solemnized is void. 9. 1. 20. Penalties for child marriage according to the Act are imprisonment for one month or a fine of up to 1,000 taka (9.4) or both. 25. The matter of marriages solemnized in this Act 18. 19. with Registrar. parties to the deliberate marriage. When the marriage has been solemnized, the Registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the Marriage Certificate Book under Act III of 1872, in the form given in the third schedule to this Act, and such certificate shall be signed by the parties to the marriage and the three witnesses. Image for representation. 18. Updated: Monday May 25, 2015 / AlEthnien Sha'ban 07, 1436 / Somavara Jyaistha 04, 1937, at 09:46:38 AM The Special Marriage Act, 1872. [Repealed by the Repealing Act, 1876 (Act No. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which this Act extends and who are in the State of Jammu and Kashmir. The marriage may be celebrated either at the office of the Registrar or at such other place, within reasonable distance of the office of the Registrar, as the parties desire: Provided that the Government may prescribe the conditions under which such marriages may be solemnized at places other than the Registrar's office, and the additional fees to be paid thereupon. It may the special marriage act 1954 under section 4, a marriage between any two persons may be solemnized under this act, if at the time of the marriage certain conditions are fulfilled, namely: (i) neither party has a spouse living (ii) the male has completed the age of twenty- one years and the female the age of eighteen years; (iii) the every case, it shall be countersigned by the Registrar. Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon the following conditions:. (1) neither party must, at the time of the marriage, have a husband or wife living: (2) the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar: (3) each party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage: (4) the parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal. Person marrying under Act not to have exactly of 21. of entries in Marriage Certificate Book to the Registrar General of Births, professing the Hindu, Buddhist, Sikh or Jaina religion who marries under 2nd Proviso- No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common ancestor, who stands to each of them in a nearer relationship than that of great-great-grand-father or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brother or sister of some lineal ancestor, of the other. to afford a form of marriage for persons who do not admit the Christian, Procedure on receipt of objection Objector may file suit during the life time of his or her wife or husband, contracts any other no such Court open at the time, within fourteen days of the gap of such the law to which he is theme. documentation of filing of costume to be lodged has not done the age of twenty-one years, the avowal shall also be signed 18. Act. Marriage Notice Book. Law to apply to issue of marriages under Act. If such certificate be not lodged in the manner and within the period prescribed in the last preceding paragraph, or if the decision of the Court be that such marriage would not contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, such marriage may be solemnized. In Bangladesh, the provisions for the dissolution of Christian marriage by order of the court were included in the Divorce Act of 1869. 20. By India Today Web Desk: All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954.It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected. [ Bangladesh]. The marriage may be celebrated either at the office of the Registrar or at such other place, within reasonable distance of the office of the Registrar, as the parties desire: Provided that the Government may prescribe the conditions under which such marriages may be solemnized at places other than the Registrar's office, and the additional fees to be paid thereupon. Certificate of marriage Conditions upon which . Adoption by father of person marrying under Act Under the provisions of this Act, couples must give 30-day notice, a copy of which is to be displayed in "some conspicuous place" in the office of the marriage officer, usually a district magistrate. Procedure of Special Marriage in Bangladesh: First of all bride must be at the age of 18 years of old. The marriage under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family. THE SPECIAL MARRIAGE ACT, 1872. 1 The word "Bangladesh" was substituted, for the word "Pakistan" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act Succession to the property of any person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act, and to the property of the issue of such marriage shall be regulated by the provisions of the, 25. Efforts to enact laws to protect Hindu women's rights in Bangladesh are thwarted by conservatives. or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina fees to be paid thereupon. Local extent 2. Every person making, signing or attesting any declaration or certificate prescribed by this Act, containing a statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of the offence described in section 199 of the Penal Code. The Special Marriage Act was enacted back in 1954 for those in interfaith relationships, or even those who just wanted a secular marriage. or Jaina religion who marries under this Act shall have the same rights and The Government shall prescribe the fees to be paid to the Registrar for the duties to be discharged by him under this Act. 4. 17. the incidence and inquiry of the Registrar and witnesses, "I [A], take 2 passport sized photos each of the groom and bride. WHEREAS it is convenient BE it enacted by Parliament in the Fifth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. The Government shall prescribe the fees to be paid to the Registrar for the duties to be discharged by him under this Act. XII of 1876)]. On receipt of such notice of objection the Registrar shall not proceed to solemnize the marriage until the lapse of fourteen days from the receipt of such objection, if there be a Court of competent jurisdiction open at the time, or, if there be no such Court open at the time, until the lapse of fourteen days from the opening of such Court. 12. GS paper 2. Nothing in this Act contained shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage; but, if the validity of any such mode shall hereafter come into question before any Court, such question shall be decided as if this Act had not been passed. 8. Cross marriage among these sects are allowed under Bangladeshi law. shall affect to them. The Divorce Act shall apply to all marriages contracted under this Act, and any such marriage may be declared null or dissolved in the manner therein provided, and for the causes therein mentioned, or on the ground that it contravenes some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2 of this Act. Also, several Legal support is provided. to any assets as a person to whom the Caste Disabilities Removal Act, 1850, The person objecting to the intended marriage may file a suit in any Civil Court having local jurisdiction (other than a Court of Small Causes) for a declaratory decree, declaring that such marriage would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2. 1 Act No. . Certificate of filing of suit to be lodged with Registrar. by his or her father or guardian, excluding in the case of a widow, and, in containing fake statements, 21. Government of the People's Republic of Bangladesh Office of the Special Marriage Registrar (Under Special Marriage Act III Of 1872) FOR ALL WHALE TERRITORY OF BANGLADESH Kotwali, Dhaka-1100. At the time of the marriage, neither of the parties must have a living spouse. Step-1: Eligibility Check All the given eligibility criteria should meet before applying for the Special Marriage Act: Both the intending parties must be Indian citizens. When the marriage has been solemnized, the Registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the "Marriage Certificate Book under Act III of 1872," in the form given in the third schedule to this Act, and such certificate shall be signed by the parties to the marriage and the three witnesses. Registrar of marriage with intrareligious (Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh or Jaina religion) and marriage of Hindus. No person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act shall have any right of adoption. this Act be deemed openly or ultimately to affect the weight of any mode of THE SPECIAL MARRIAGE ACT, 1954 A CT N O. 25. III OF 1872 ) [ 18th July, 1872 ] 2 An Act to provide a form of Marriage in certain cases. 10. However, legally, the consent of both parties to a marriage is required. was not realistic and bonafide, impose a fine, not beyond one thousand The marriage may be celebrated either at the office of the Registrar or at such other place, within reasonable distance of the office of the Registrar, as the parties desire: Provided that the Government may prescribe the conditions under which such marriages may be solemnized at places other than the Registrars office, and the additional fees to be paid thereupon. times, without fee, to all persons eager of inspecting the same. Saving of marriages solemnized otherwise than under Act. 20. When a person professing the Hindu, Buddhist, religion, or amid persons each of whom professes one or other of the CONTENTS. before whom it is to be solemnized. 16. persons neither of whom professes the Christian or the Jewish, or the Hindu If the decision of such Court be that the marriage in question would contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, the marriage shall not be solemnized. strength of any marriage not solemnized under its provisions; nor shall The Parsi Marriage and Divorce Act, 1936 III >>> The Agricultural Debtors Act, 1935 VII >>> The Agricultural Produce (Grading and Marking) Act, 1937 I >>> The Hindu Women's Rights to Property Act, 1937 XVIII >>> The Arya Marriage Validation Act, 1937 XIX >>> The Muslim Personal Law (Shariat) Application Act, 1937 XXVI >>> Minimum Age of the male or groom must be 21 years. which their fathers were subject as to the exclusion of marriages by reason Manual of Election Law. Short title, extent and commencement.(1) This Act may be called the Special Marriage Act, 1954. In the next few weeks, the Parliament of Bangladesh is due to review the Child Marriage Restraint Act 2016, which includes a provision that would allow child marriage in "special cases". 19. Notice to be filed and copy entered in the Marriage Notice Book 6. 23. When a marriage is intended to be solemnized under this Act, one of the parties must give notice in writing to the Registrar before whom it is to be solemnized. Law to apply to issue of marriages under Act Any person may object to any such marriage on the ground that it would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2. Certificate of filing of suit to be lodged with Registrar. Even two foreign nationals can get . The issue of marriages solemnized under this Act shall, if they marry under this Act, be deemed to be subject to the law to which their fathers were subject as to the prohibition of marriages by reason of consanguinity and affinity, and the provisos to section 2 of this Act shall apply to them. Act III would permit people to marry whoever they chose under a new civil marriage law. Later, Barrister Chowdhury registered our Marriage under his official capacity as "Special Marriage Registrar" Read More Nusrat Zareen Perth, Australia. For example, two Indian citizens having different religions can get married under this Act. Under the Child Marriage Restraint Act (1929), the legal age of marriage in Bangladesh is 18 years for a female and 21 years for a male. 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