Vol. 14, Part I · pages 76–80

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES58 (6) 6. Forms of Hindu marriage. —Save as otherwise expresly provided herein, no marriage between Hindus shall be recognised as valid unless it is solemnized— (a) as a Dharmik marriage, or (b) as a civil marriage, or (c) in accordance with the provisions of section 24A in cases to which that section applies. (7) General provisions for a Dharmik marriage 7. Essentials for a valid Dharmik marriage. —A Marriage between any two Hindus solemnized in the Dharmik form shall be a valid marriage, if the following conditions are fulfilled, namely:— (i) neither party has a spouse living at the time of the marriage; (ii) neither party is an idiot or a lunatic at the time of the marriage; (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship; (v) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a Dharmik marriage between the two; (vi) where the bride has not completed her sixteenth year, the consent of her guardian in marriage has been obtained for the marriage. (8) General provisions for a Civil marriage 8. Essentials for a valid Civil marriage. —A Marriage between any two Hindus solemnized in the Civil form shall be a valid marriage, if the following conditions are fulfilled, namely:— (i) neither party has a spouse living at the time of the marriage; (ii) neither party is an idiot or a lunatic at the time of the marriage; (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship; (v) each party has, if he or she has not completed the age of twenty one years at the time of the marriage, obtained the consent of his or her guardian in marriage: Provided that no such consent shall be required if the bride is a widow.

DR. AMBEDKAR AND THE HINDU CODE BILL 59 6. Forms of Hindu marriage. —Save as otherwise expresly provided herein, no marriage between Hindus shall be recognised as valid unless it is solemnized either as a sacramental marriage or as a civil marriage in accordance with the provisions of this Part. (6) Sacramental marriage 7. Conditions relating to a sacramental marriage. — A marriage between any two Hindus may be solemnized in the sacremental form, if the following conditions are fulfilled, namely:— (1) neither party has a spouse living at the time of the marriage; (2) neither party is an idiot or lunatic at the time of the marriage; (3) the bridegroom has completed the age of eighteen years and the bride the age of fourteen years at the time of the marriage; (4) the parties are not within the degrees of prohibited relationship; (5) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a sacramental marriage between the two; (6) where the bride has not completed her sixteenth year the consent of her guardian has been obtained for the marriage. (7) 10. Conditions relating to a civil marriage. —For a civil marriage between any two Hindus, the following conditions must be fulfilled, namely:— (1) neither party has a spouse living at the time of the marriage; (2) neither party is an idiot or a lunatic at the time of the marriage; (3) the bridegroom has completed the age of eighteen years and the bride the age of fourteen years at the time of the marriage; (4) the parties are not within the degrees of prohibited relationship; (5) each party has, if he or she has not completed the age of twenty one years, obtained the consent of his or her guardian in marriage: Provided that no such consent shall be required in the case of a widow. (8) Part IV, sec. 1, page 15. Part IV, sec. 3, page 15. Part IV, sec, 7, page 16.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES60 (9) Formalities for a Dharmik marriage 9. Ceremonies. —(1) A Dharmik marriage shall not be complete and binding on the parties unless it is solemnized in accordance with such customary rites and ceremonies of either party thereto as are essential for such marriage. (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire) the marriage becomes complete and binding when the seventh step is taken. (3) Notwithstanding anything contained in this section, no marriage solemnized in the Dharmik form shall, after the solemnization thereof, be deemed to be invalid merely by reason of any irregularity in the performance of any of the customary rites and ceremonies of either party thereto. (10) 10. Registration of Dharmik marriage. —(1) For the purpose of facilitating the proof of any Dharmik marriage the State Government may by rules, provide that— (a) particulars relating to such marriage shall be entered in such manner and under such circumstances as it thinks fit in the Hindu Dharmik marriage Register kept for this purpose; and (b) the making of such entries shall be compulsory in the State or in such areas or such cases as may be specified in the rules. (2) In making any rules under sub-section (1) the State Government may provide that a contravention thereof shall be punishable with fine which may extend to one hundred rupees. (11) Formalities for a Civil Marriage 11. Marriage Registrars. —The State Government may appoint one or more persons to be Registrars of Hindu Marriages, in this Part referred to as “the Registrar”, for the State or any part thereof and the area for which any such Registrar has been appointed shall be called his district. (12) 12. Notice of marriage to Registrar. —When a civil marriage is intended to be solemnized under this Part, the parties to the marriage shall give notice thereof in writing in the form specified in the Fourth Scheduled to the Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days preceding the date on which such notice is given.

DR. AMBEDKAR AND THE HINDU CODE BILL 61 8. Ceremonies required —(1) A sacramental marriage shall not be complete and binding on the parties unless it is solemnized in accordance with such customary rites and ceremonies of either party thereto as are essential for such marriage. (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire) the marriage becomes complete and binding when the seventh step is taken. (3) Notwithstanding anything contained in this section, no marriage solemnized in the sacramental form shall, after the solemnization thereof, be deemed to be invalid merely by reason of any irregularity in the performance of any of the customary rites and ceremonies of either party thereto. (9) 9. Registration of Sacramental marriages. —(1) For the purpose of facilitating the proof of any Sacramental marriage the Provincial Government may by rules, provide that— (a) particulars relating to such marriage shall be entered in the Hindu Sacramental marriage Register kept for this purpose in such manner and under such circumstances as it thinks fit; and (b) the making of such entries shall be compulsory the such cases or in such areas as may be specified in the rules. (2) In making any rules under sub-section (1) the Provincial Government may provide that a contravention thereof shall be punishable with fine which may extend to one hundred rupees. (10) 11. Marriage Registrars. —The Provincial Government may appoint one or more persons to be Registrars of Hindu Marriages, in this Part referred to as “the Registrar”, for the Province or any part thereof and the area for which any such Registrar has been appointed shall be called his district. (11) 12. Notice of marriage to Registrar. —When a civil marriage is intended to be solemnized under this Part, the parties to the marriage shall give notice thereof in writing in the form specified in the Third Scheduled to the Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days preceding the date on which such notice is given. (12) Part IV, sec. 4, page 15. Part IV, sec. 6, page 15. Part IV, sec. 8, page 16. Part IV, sec. 9, page 16.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES62 (13) 13. Marriage Notice Book and publication. —(1) The Registrar shall keep all notices given under section 12 with the records of his office and shall also forthwith enter a true copy of every such notice in a book furnished to him for that purpose by the State Government to be called the “Hindu Civil Marriage Notice Book” and such book shall be open for inspection at all reasonable times, without fee by every person desirous of inspecting the same. (2) The Registrar shall also publish every such notice in such manner as may be prescribed. (14) 14. Objection to marriage. —(1) After the expiration of thirty days from the date on which notice of an intended marriage has been given under section 12, the marriage may be solemnized unless it has been objected to under sub-section (2). (2) Any person may, before the expiration of thirty days from the giving of any notice of an intended marriage, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 8 . (3) The nature of the objection made shall be recorded in writing by the Registrar in the Hindu Civil Marriage Notice Book, and shall, if necessary, be read over and explained to the person making the objection and shall be signed by him or on his behalf. (15) 15. Procedure on receipt of objection. —(1) If an objection is made under section 14 to an intended marriage, the Registrar shall not allow the marriage to be solemnized until the expiration of thirty days from the receipt of such objection, if there is a court of competent jurisdiction open at the time or if no such court is open at the time, until the expiration of thirty days from the opening of such a court. (2) The person objecting to the intended marriage may file a suit in the district court having local jurisdiction, * * * for a declaration that such marriage contravenes one or more of the conditions specified in section 8 and the court in which such suit is filed shall thereupon give the person presenting it a certificate to the effect that such suit has been field. (3) If the certificate referred to in sub-section (2) is lodged with the Registrar within thirty days from the receipt by him of the objection, if there is a court of competent jurisdiction open at the time or if no such court