Code: Section 10 of the Special Marriage Act, 1954
Section 10 of the Special Marriage Act, 1954, reads:
Where an objection is made under section 7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State, and the Marriage Officer, 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 with such statement respecting the matter as he thinks fit to the Central Government, 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 Officer who shall act in conformity with the decision of the Central Government.
Explanation of Section 10 of the Special Marriage Act
Section 10 addresses the procedure to be followed by a Marriage Officer when there is an objection raised under Section 7 in the State of Jammu and Kashmir, specifically concerning an intended marriage. If the officer has any doubts after conducting an inquiry, they cannot proceed with the marriage solemnization. Instead, they must send the case to the Central Government for further inquiry and a final decision.
Key Features:
- Objection Raised: If an objection is raised under Section 7 about an intended marriage in Jammu and Kashmir, the Marriage Officer must investigate the matter.
- Doubt or Uncertainty: If after the inquiry the Marriage Officer still has doubts, they cannot proceed with the marriage ceremony.
- Referral to Central Government: The Marriage Officer must forward the details and their concerns to the Central Government.
- Central Government’s Decision: The Central Government conducts its own inquiry and provides a written decision. The Marriage Officer must then comply with the decision made by the Central Government.
Illustration
Example 1: Objection to a Marriage in Jammu and Kashmir
Suppose a person objects to a marriage on the grounds of legal requirements not being met under Section 7, such as age or consent issues. The Marriage Officer in Jammu and Kashmir investigates the matter but remains unsure about the validity of the objection. Instead of proceeding with the marriage, the officer sends the case to the Central Government. After reviewing the situation, the Central Government issues a decision, and the officer acts accordingly based on that decision.
Common Questions and Answers on Section 10 SMA
1. What happens if a Marriage Officer has doubts about an objection raised in Jammu and Kashmir?
If the Marriage Officer has doubts about an objection raised under Section 7, they are required to refer the matter to the Central Government for further investigation and a final decision. The marriage cannot be solemnized until the Central Government provides a clear decision.
2. What role does the Central Government play in this process?
The Central Government is responsible for conducting its own inquiry into the objection and providing a written decision. The Marriage Officer must then follow the instructions given by the Central Government.
3. Can a Marriage Officer proceed with a marriage if they have doubts?
No, if the Marriage Officer has doubts after conducting an inquiry, they cannot proceed with the marriage. They must first send the case to the Central Government for a decision.
4. How does the Marriage Officer comply with the Central Government’s decision?
Once the Central Government issues its decision, the Marriage Officer is obligated to act in conformity with that decision, either approving or rejecting the marriage based on the instructions given.
Conclusion
Section 10 of the Special Marriage Act ensures that any doubts or objections raised about a marriage in Jammu and Kashmir are thoroughly investigated. The involvement of the Central Government adds an additional layer of scrutiny to protect the legality and fairness of the marriage process. This helps ensure that all legal requirements are met before a marriage is solemnized.
For more expert insights, visit ApniLaw today.
