Section 46 of SMA : Section 46: Penalty For Wrongful Action Of Marriage Officer
The Special Marriage Act, 1954
Bare Act
- CHAPTER VIII: MISCELLANEOUS
Any Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act,
- without publishing a notice regarding such marriage as required by section 5, or
- within thirty days of the publication of the notice of such marriage, or
- in contravention of any other provision in this Act,
shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
Simplified Act
If a Marriage Officer deliberately breaks the rules of this Act when performing a marriage, by:
- Not announcing the marriage publicly as Section 5 says they must, or
- Performing the marriage less than 30 days after the ...
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 f...