Section 8 of the Special Marriage Act – Procedure on Receipt of Objection under the (Special Marriage Act, 1954)
The Special Marriage Act, 1954 ensures that marriages solemnised under it meet all legal requirements. When an objection is raised under Section 7, the Act lays down a detailed process for handling such objections. Section 8 outlines the steps the Marriage Officer must follow after receiving an objection.
Meaning of Section 8
Section 8 describes the inquiry procedure that the Marriage Officer must undertake when someone objects to a marriage during the notice period.
Once an objection is filed, the Marriage Officer cannot proceed with the marriage until the objection is examined and decided.
Key Provisions of Section 8
Duty to Record Objection
The Marriage Officer must:
- Record the objection in writing
- Note down the nature, reasons, and details given by the objector
Inquiry into the Objection
The Marriage Officer is required to conduct a formal inquiry.
This inquiry resembles a summary investigation and includes:
- Examining the evidence presented
- Calling for documents or witnesses, if necessary
- Allowing both parties a fair opportunity to respond
Time Limit of 30 Days
The inquiry must be completed within 30 days from the date the objection is received.
The marriage cannot be solemnised until this inquiry is concluded.
Decision of the Marriage Officer
After completing the inquiry, the Marriage Officer must:
- Decide whether the objection is valid or not
- Record reasons for the decision in writing
If the objection is upheld, the marriage cannot proceed unless the issue is resolved.
If the objection is rejected, the marriage may be solemnised.
Conclusion
Section 8 ensures fairness, transparency, and due process when an objection is raised under the Special Marriage Act. By requiring the Marriage Officer to conduct a timely and reasoned inquiry, it protects individuals from unlawful marriages while preventing misuse of the objection process to hinder valid marriages.