Section 17 of The Special Marriage Act, 1954
Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.
Summary
- Any person who is unhappy with a Marriage Officer's refusal to register a marriage can file an appeal.
- The appeal must be submitted within thirty days from the date the refusal order was passed.
- The appeal must be made to the district court that has jurisdiction over the area where the Marriage Officer has their office.
- The decision made by the district court on the appeal is final and cannot be appealed further.
- The Marriage Officer is legally bound to act exactly in line with the district court's final decision.
Practical examples
FAQ
1. Who can appeal a refusal to register a marriage under Section 17 of the Special Marriage Act, 1954?
Under Section 17 of the Special Marriage Act, 1954, any person who is aggrieved or harmed by an order of a Marriage Officer refusing to register a marriage under Chapter III may file an appeal.
2. What is the time limit to file an appeal under Section 17 of the Special Marriage Act, 1954?
Under Section 17 of the Special Marriage Act, 1954, the appeal must be filed within thirty days from the date of the Marriage Officer's order refusing registration.
3. Which authority hears appeals against registration refusal under Section 17 of the Special Marriage Act, 1954?
Under Section 17 of the Special Marriage Act, 1954, the appeal must be made to the district court within the local limits of whose jurisdiction the Marriage Officer's office is situated.
4. Is there any further appeal after the district court's decision under Section 17 of the Special Marriage Act, 1954?
Under Section 17 of the Special Marriage Act, 1954, the decision of the district court on the appeal is final, meaning no further appeals can be made against it.
Test yourself
Q1.Under Section 17 of the Special Marriage Act, 1954, within how many days must an aggrieved person file an appeal against a registration refusal?
Q2.Under Section 17 of the Special Marriage Act, 1954, where must an appeal against a Marriage Officer's refusal to register a marriage be filed?
Q3.Under Section 17 of the Special Marriage Act, 1954, what is the status of the district court's decision on an appeal against a refusal to register a marriage?
Q4.If a Marriage Officer refuses to register a marriage under Section 16, how does Section 17 of the Special Marriage Act, 1954 provide a remedy?