Section 46 of SMA : Section 46: Penalty For Wrongful Action Of Marriage Officer

Explanation using Example

Imagine a couple, John and Priya, decide to get married under the Special Marriage Act. They approach a Marriage Officer to solemnize their marriage. The officer, eager to help them, skips the mandatory publication of the notice of their intended marriage as required by section 5 of the Act. The couple gets married without the notice period being observed.

In this scenario, if it comes to light that the Marriage Officer did not follow the proper procedure, he could be charged under Section 46 of the Special Marriage Act. Specifically, for not publishing the notice of marriage, he would be liable for punishment which could include simple imprisonment for up to one year, a fine of up to five hundred rupees, or both.