Bare ActsTamil Nadu Marumakkattayam Act, 1932

Section 4

Marriages valid under the Act.--

Amendment status not verified — confirm the current text below against the official source.

(1) Save as provided in section 5, the conjugal union of a marumakkattayi female with-- (i) a male belonging to the same community as such female, or (ii) a male not belonging to such community and whether a marumakkattayi or not, shall be deemed for all purposes to be a legal marriage if-- (a) the parties to the union are not related to each other in such degree of consanguinity or affinity that conjugal union between them is prohibited by any custom or usage of the community to which they belong or either of them belongs; and (b) the union (i) was openly solemnized in accordance with the customary ceremonies, if any, prevailing in the community to which the parties belong or either of them belongs, before the date on which this Act comes into force [x x x x]; or (ii) is so solemnized in accordance with such ceremonies on or after the date on which this Act comes into force and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors; or (iii) was registered as a marriage under the Malabar Marriage Act, 1896 (Madras Act IV of 1896), before the date on which this Act comes into force [x x x x]. (2) A conjugal union between minors or between a minor and a major which would otherwise be a valid marriage under sub-section (1) shall not be deemed to be invalid merely on the ground that the consent of the guardians or guardian of such minors or minor was not obtained to the union. (3) Notice of every marriage contracted on or after the date on which this Act comes into force shall be given by such person, to such authority, in such form and within such time as may be prescribed. Failure to give such notice shall be punishable with fine which may extend to fifty rupees but such failure shall not invalidate the marriage or effect the legal rights of the parties to or the issue of such marriage. The Hindu Marriage Act, 1955 (Central Act 25 of 1955), has an overriding effect over any other law in force immediately before the commencement of that Act in so far as it is inconsistent with any of the provisions of that Act, vide section 4(b) thereof. But, under section 29(2) of the Central Act, nothing contained in that Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage whether solemnised before or after the commencement of that Act. The words "and is subsisting on such date" were omitted by section 2 of the Tamil Nadu Marumakkattayam (Amendment) Act, 1947 (Tamil Nadu Act XXXII of 1947).

Section 4 – Tamil Nadu Marumakkattayam Act, 1932 | DailyLaw.ai