Section 10 of The Special Marriage Act, 1954
Where an objection is made under section 7 to a Marriage Officer 1 [n 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.
Summary
- This section applies when an objection under Section 7 is made to a Marriage Officer in the State of Jammu and Kashmir.
- The objection must concern an intended marriage being held within that State.
- If the officer has a doubt about the objection after making an inquiry, they must not solemnize, meaning perform, the marriage.
- The officer must transmit, meaning send, the case records and a written statement of facts to the Central Government.
- The Central Government will make its own inquiry, seek advice, and issue a written decision.
- The Marriage Officer must act in strict conformity, meaning complete agreement, with the written decision of the Central Government.
Practical examples
FAQ
1. What happens under Section 10 of the Special Marriage Act, 1954 if a Marriage Officer in Jammu and Kashmir is doubtful about an objection?
Under Section 10 of the Special Marriage Act, 1954, if a Marriage Officer in Jammu and Kashmir has a doubt after inquiring into an objection, they must stop the solemnization and send the entire record and a statement to the Central Government.
2. Who makes the final decision on a disputed marriage under Section 10 of the Special Marriage Act, 1954 in Jammu and Kashmir?
Under Section 10 of the Special Marriage Act, 1954, the Central Government makes the final written decision after conducting its own inquiry and getting any advice it deems fit.
3. Can a Marriage Officer in Jammu and Kashmir ignore the Central Government's advice under Section 10 of the Special Marriage Act, 1954?
No, under Section 10 of the Special Marriage Act, 1954, the Marriage Officer must act in strict conformity with the written decision of the Central Government.
Test yourself
Q1.When an objection to an intended marriage is made under Section 7 of the Special Marriage Act, 1954 to an officer in Jammu and Kashmir, and that officer has a doubt after inquiring, what action must they take under Section 10?
Q2.Under Section 10 of the Special Marriage Act, 1954, who has the authority to make the final decision in writing when a Jammu and Kashmir Marriage Officer refers a doubtful objection?
Q3.Under Section 10 of the Special Marriage Act, 1954, how must the Marriage Officer in Jammu and Kashmir act once the Central Government delivers its decision?
Q4.Integrating Section 7 and Section 10 of the Special Marriage Act, 1954, what is the initial trigger that allows a Marriage Officer in Jammu and Kashmir to refer a case to the Central Government?