Vol. 14, Part I · pages 81–85

DR. AMBEDKAR AND THE HINDU CODE BILL 63 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 Provincial 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. (13) 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 prescribed in clauses (1), (2), (3), (4) and (5) of section 10. (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. (14) 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 (or in any other Court empowered in this behalf by the Provincial Government and having such jurisdiction)* for a declaration that such marriage contravenes one or more of the conditions prescribed in clauses (1), (2), (3), (4) and (5) of section 10 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 filed. Part IV, sec. 10, page 10. Part IV, sec. 11, page 16. Part IV, sec. 12, page 17. *Dr. Ambedkar’s remarks in his personal copy by blue pencil — ‘omitted, unnecessary. See new definition of District Court. —Ed.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES64 is open at the time within thirty days from the opening of such a Court, the marriage shall not be solemnized until the decision of such court has been given and the period allowed by law for appeal from such decision has elapsed, or, if there is an appeal from such decision, until the decision of the appellate court has been given. (4) If such certificate is not lodged in the manner and within the period laid down in sub-section (3), or if the decision of the court is that the marriage does not contravene any of the conditions specified in section 8 , the marriage may be solemnized by the Registrar to whom the notice of marriage has been given. (5) If the decision of the court is that the marriage contravenes any of the conditions specified in section 8 , the marriage shall not be solemnized. (16) 16. Power of court to fine when objection not reasonable. — If it appears to the court before which the suit is filed that the objection was not reasonable and bona fide, it may impose on the person objecting a fine not exceeding one thousand rupees and award it or any part thereof to the parties to the intended marriage. (17) 17. Declaration by parties and witnesses. —(1) Before the marriage is solemnized, the parties and three witnesses, shall, in the presence of the Registrar, sign a declaration in the form specified in the Fifth Schedule and where either party has not completed the age of twentyone years, the declaration shall also be signed by his or her guardian, except in the case of a widow. (2) Every declaration made under sub-section (1) shall be countersigned by the Registrar.

DR. AMBEDKAR AND THE HINDU CODE BILL 65 (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 is open at the time within thirty days from the opening of such a Court, the marriage shall not be solemnized until the decision of such Court has been given and the period allowed by law for appeal from such decision has elapsed or if there is an appeal from such decision, until the decision of the appellate court has been given. (4) If such certificate is not lodged in the manner and within the period laid down in sub-section (3), or if the decision of the court is that the marriage does not contravene any of the conditions prescribed in clauses (1), (2), (3), (4) and (5) of section 10, the marriage may be solemnized by the Registrar to whom the notice of marriage has been given. (5) If the decision of the court is that the marriage contravenes any of the conditions prescribed in clauses (1), (2), (3), (4) and (5) of section 10, the marriage shall not be solemnized. (15) 16. Power of court to fine when objection not reasonable.—If it appears to the court before which the suit is filed that the objection was not reasonable and bonafide, it may impose on the person objecting a fine not exceeding one thousand rupees and award it or any part thereof to the parties to the intended marriage. (16) 17. Declaration by parties and witnesses. —(1) Before the marriage is solemnized, the parties and three witnesses, shall, in the presence of the Registrar, sign a declaration in the form specified in the Fourth Schedule and where either party has not completed the age of twenty-one years, the declaration shall also be signed by his or her guardian, except in the case of a widow. (2) Every declaration made under sub-section (1) shall be countersigned by the Registrar. (17) Part IV, sec. 13, page 17. Part IV, sec. 14, page 17.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES66 (18) 18. Place and form of solemnization. —(1) The marriage may be solemnized,— (a) at the office of the Registrar, or (b) at such other place within reasonable distance therefrom as the parties may desire, upon such conditions and on the payment of such additional fees as may be prescribed. (2) The marriage may be solemnized in any form: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Registrar and the three witnesses, I (A) take thee, (B), to be my lawful wife (or husband). (3) The marriage shall be solemnized in the presence of the Registrar and the three witnesses. (19) 19. Certificate of marriage —(1) When the marriage has been solemnized, the Registrar shall enter a certificate thereof, in the form specified in the Sixth Schedule in a book to be kept by him for that purpose and to be called the “Hindu Civil Marriage Certificate Book” and such certificate shall be signed by the parties to the marriage and the three witnesses. (2) On a certificate being entered in the Hindu Civil Marriage Certificate Book by the Registrar, the certificate shall be deemed to be conclusive evidence of the fact that a civil marriage has been solemnized and that all formalities as respects the signatures of witnesses to the marriage have been complied with.* (20) 20 When marriage not solemnized within three months after notice, new notice required. —Whenever a marriage is not solemnized within three calendar months after notice thereof has been given to the Registrar, as required by section 12 or where the person objecting to the intended marriage has filed a suit in a court of competent jurisdiction and the decision of such court has been given, within three calendar months of the date on which the period allowed by law for appeal from such decision expires, or if there is an appeal from such decision, within three calendar months from the date of decision of the appellate court, the notice and all other proceedings thereon shall be deemed to have lapsed and no Registrar shall allow the marriage to be solemnized until a new notice has been given in the manner prescribed in this Chapter. *( Under this section 19 Dr. Ambedkar’s remarks in pencil in his personal copy are as under, ‘It is not enough to say that formalities have been gone through. It carries us nowhere, conclusive evidence must be of solemnization and not of formalities. ,’—Ed.)

DR. AMBEDKAR AND THE HINDU CODE BILL 67 18. Place and form of solemnization. —(1) The marriage may be solemnized,— (a) at the office of the Registrar, or (b) at such other place within reasonable distance therefrom as the parties may desire, upon such conditions and on the payment of such additional fees as may be prescribed. (2) The marriage may be solemnized in any form: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Registrar and the three witnesses, I (A) take thee, (B), to be my lawful wife (or husband). (3) The marriage shall be solemnized in the presence of the Registrar and the three witnesses. (18) 19. Certificate of marriage.—(1) When the. Marriage has been solemnized, the Registrar shall enter a certificate thereof, in the form specified in the Fifth Schedule in a book to be kept by him for that purpose and to be called the “Hindu Civil Marriage Certificate Book” and such certificate shall be signed by the parties to the marriage and the three witnesses. (2) On a certificate being entered in the Hindu Civil Marriage Certificate Book by the Registrar, the certificate shall be deemed to be conclusive evidence of the fact that all formalities as respects the signatures of witnesses to a Civil marriage have been complied with. (19) 20 When marriage not solemnized within three months after notice, new notice required. —Whenever a marriage is not solemnized within three calendar months after notice thereof has been given to the Registrar, as required by section 12 or where the person objecting to the intended marriage has filed a suit in a court of competent jurisdiction and the decision of such court has been given, within three calendar months of the date on which the period allowed by law for appeal from such decision expires, or if there is an appeal from such decision, within three calendar months from the date of decision of the appellate court, the notice and all other proceedings thereon shall be deemed to have lapsed and no Registrar shall allow the marriage to be solemnized until a new notice has been given in the manner prescribed in this Chapter. (20) Part IV, sec. 15, page 17. Part IV, sec. 17, page 18. (New)