Section 10 of SMA : Section 10: Procedure On Receipt Of Objection By Marriage Officer Abroad

The Special Marriage Act, 1954

Bare Act

  • CHAPTER II: SOLEMNIZATION OF SPECIAL MARRIAGES

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.

Simplified Act

If someone raises concerns about a planned marriage to a Marriage Officer in Jammu and Kashmir, the officer must look into the issue. If the officer is unsure about the marriage after the investigation, they are not allowed to go ahead and marry the couple. Instead, they must send all the details and their thoughts about the case to the Central Government. The Central Gover...

Explanation using Example

Imagine a couple in the State of Jammu and Kashmir decides to get married under The Special Marriage Act, 1954. They give notice to the Marriage Officer as required. However, someone raises an objection to their marriage under section 7, claiming that one of the parties is already married. The Marriage Officer conducts a preliminary inquiry and finds conflicting evidence about the existing marital status of one of the individuals. Unsure how to proceed, the Marriage Officer sends the case details to...

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