Draft of “the Sikh Marraige
Act, 2012 prepared by Sirdar Gurtej Singh
A draft of Sikh Marriage Act was sent to various
Members of Indian Parliament by Sirdar Gurtej Singh.
THE SIKH MARRIAGE ACT, 2012
An Act to amend, enact and codify the Law relating to Marriage among the
Sikhs.
1. Short Title, Extent and Commencement:
(i) This Act may be called the Sikh Marriage
Act, 2012.
(ii) It extends to the Union of India.
(iii) It shall come into force at once.
2. Application of the Act:
This Act applies to any person who is a SIKH
by religion.
3. Definitions:-
For the purpose of this Act
(a) The expression “SIKH” means a person
who believes in Akalpurakh (One Eternal Being), the ten Gurus from Guru
Nanak to Guru Gobind Singh, accepts Guru Granth Sahib as the Eternal Guru
and does not subscribe to any other religion.
Explanation:- The following persons are SIKHS:
(i) Any child legitimate or illegitimate,
both of whose parents are Sikhs by religion;
(ii) Any child legitimate or illegitimate who is brought up as a Sikh and
one of whose parents is a Sikh.
(b) “Anand Karaj Ceremony” means a
marriage ceremony solemnized by at least two Sikhs between the consenting
couple in the presence of Guru Granth Sahib. The “Anand Karaj Ceremony”
shall be deemed to have been completed when the four “lawan” revealed by the
fourth Guru in Rag Suhi are recited and the “Ardas” is performed.
(c) the expression “custom” and “usage” signify any rule which having been
continuously and uniformly observed for a long time, has obtained the force
of law among Sikhs in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to basic
tenets of the Sikh faith; and
Provided further that in the case of a rule applicable only to a family, it
has not been discontinued by the family;
Explanation:- The burden to prove the custom or usage will be upon
the person who alleges the custom or usage.
(d) “District Court” means, court of District Judge and includes Additional
District Judge, or any other civil court which may be specified by the Union
or State Government, by notification in the Official Gazette, as having
jurisdiction in respect of matters dealt with in this Act;
(e) “full blood” and “half blood”- two persons are said to be related to
each other by full blood when they are descended from a common ancestor by
the same wife and by half blood when they are descended from a common
ancestor but by different wives;
(f) “uterine blood” – two persons are said to be related to each other by
uterine blood when they are descended from a common ancestress but by
different husbands.
Explanation:- In Clauses (e) and (f) “ancestor” includes the father
and “ancestress” the mother;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “parties” means “bridegroom and the bride” or the “husband and the
wife”, as the case may be.
(i) “degrees of prohibited relationship ”
– two persons are said to be within the “degrees of prohibited
relationship”-
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of
the other; or
(iii) if one was the wife of the father’s or mother’s brother or of the
grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew,
or children of brother and sister or of two brothers or of two sisters.
Explanation- for the purposes of
clause (i) relationship includes:-
(i) relationship by half or uterine blood
as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood; and all terms of
relationship in those clauses shall be construed accordingly.
4. Overriding effect of this Act:-
Save as otherwise expressly provided in this Act:-
(a) any text, rule or interpretation of law
with respect to Sikhs or any custom or usage as part of that law in force
immediately before the commencement of this Act, shall cease to have effect
with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act
shall cease to have effect in so far as it is inconsistent with any of the
provisions contained in this Act.
Sikh Marriage
5. Conditions for a Sikh Marriage:- A Sikh
marriage shall be solemnized by Anand Karaj between a male and a female who
are Sikhs if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at
the time of the marriage;
(ii) at the time of the marriage neither party is of unsound mind;
(iii) the bridegroom has completed the age of twenty-one years and the
bride the age of eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship
unless the custom or usage governing each of them permits of a marriage
between the two;
6. Registration of Sikh Marriages:-
(1) The registration of a Sikh Marriage
shall be compulsory.
(2) The Union or State Government shall appoint a Registrar of Sikh
Marriages in each revenue district and a Sub-registrar at the tehsil level
and also such other officer for this purpose as required.
(3) Parties to the Sikh Marriage shall get the particulars relating to their
marriage entered in such manner and subject to such condition as may be
prescribed, in a Sikh Marriage Register kept for the purpose, within six
months of the solemnisation of the marriage and the failure to do so will be
punishable with a fine which may extend to five hundred rupees.
(4) The Sikh Marriage Register shall at all reasonable times be open for
inspection and shall be admissible as evidence of the statements contained
therein and certified extracts there from shall, on application, be given
free of cost by the Registrar, the Sub-registrar or any other officer
prescribed for this purpose.
(5) Notwithstanding anything contained in this section, the validity of any
Sikh marriage, for the purpose of this Act, shall in no way be affected by
the omission to register the marriage.
Restitution of Conjugal Rights And
Judicial Separation
7. Restitution of conjugal rights:- When
either the husband or the wife has, without reasonable excuse, withdrawn
from the society of the other, the aggrieved party may apply, by petition to
the district court, for restitution of conjugal rights and the court, on
being satisfied of the truth of the statements made in such petition and
that there is no legal ground why the application should not be granted, may
pass decree of restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been reasonable
excuse for withdrawal from the society, the burden of proving reasonable
excuse shall be on the person who has withdrawn from the society.
8. Judicial Separation:-
(1) Either party to a marriage, whether
solemnized before or after the commencement of this Act, may present a
petition praying for a decree for judicial separation on any of the grounds
specified in sub-section (1) of section 11, and in the case of a wife also
on any of the grounds specified in sub-section (2) thereof, as grounds on
which a petition for divorce might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no
longer be obligatory for the petitioner to cohabit with the respondent, but
the court may, on the application by petition of either party and on being
satisfied of the truth of the statements made in such petition, rescind the
decree if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
9. Void marriages:- Any Sikh marriage
solemnized after the commencement of this Act shall be null and void and
may, on a petition presented by either party thereto, against the other
party be so declared by a decree of nullity if it contravenes any one of the
conditions specified in clauses (i)and (iv), of Section 5.
Provided, that wherein, the marriage is null and void due to contravention
of condition specified in clause (i) of Section 5, the legally wedded
husband or wife, either of whom is not a party to the contravention of the
above mentioned condition, shall also be entitled to present a petition
under this section.
10. Voidable Marriages:-
(1) Any Sikh marriage solemnized, whether
before or after the commencement of this Act, shall be voidable and may be
annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been
consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in
clause (ii) of Section 5; or
(c) that the consent of the petitioner for marriage was obtained by force
or by fraud as to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some
person other then the petitioner;
(2) Notwithstanding anything contained in
sub-section (1), no petition for annulling a marriage on the ground
specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than
one year after the force had ceased to operate or, as the case may be, the
fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the
other party to the marriage as husband or wife after the force had ceased
to operate or, as the case may be, the fraud had been discovered.
11. Divorce:-
(1) Any Sikh marriage solemnized, whether
before or after the commencement of the Act, may, on a petition presented by
either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party:-
(i) has, after the solemnization of the marriage contracted another marriage
or has had voluntary sexual intercourse with any person other than his or
her spouse; or
(ii) has, after the solemnization of the marriage, treated the petitioner
with cruelty; or
(iii) has deserted the petitioner for a continuous period of not less than
two years immediately preceding the presentation of the petition; or
Explanation – In this sub-section the
expression “desertion” means the desertion of the petitioner by the other
party to the marriage without reasonable cause and without the consent or
against the wish of such party, and includes the wilful neglect of the
petitioner by the other party to the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(iv) has ceased to be a Sikh by conversion
to another religion; or
(v) has been incurably of unsound mind, or has been suffering continuously
or intermittently from mental disorder of such a kind and to such an extent
that the petitioner cannot reasonably be expected to live with the
respondent.
Explanation – In this clause,
(a) the expression “mental disorder”
means mental illness, arrested or incomplete development of mind,
psychopathic disorder or any other disorder or disability of mind and
includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or
disability of mind (whether or not including sub-normality of
intelligence) which results in abnormally aggressive or seriously
irresponsible conduct on the part of the other party, and whether or not
it require or is susceptible to medical treatment; or
(vi) has been suffering from a virulent and
incurable form of leprosy; or
(vii) has been suffering from AIDS or any venereal disease of a communicable
nature; or
(viii) has not been heard of as being alive for a period of seven years or
more by those persons who would naturally have heard of it, had that party
been alive;
(ix) has been finally convicted and sentenced to imprisonment for a period
of seven years or more;
(2) A Sikh marriage, whether solemnized
before or after the commencement of this Act, may also be dissolved on
presentation of a petition in this regard by the party in whose favour a
decree of restitution of conjugal rights has been passed on the ground:-
(i) that there has been no resumption of
cohabitation as between the parties to the marriage for a period of one year
or upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the
parties to the marriage for a period of one year or upward after the passing
of a decree of restitution of conjugal rights in a proceeding to which they
were parties.
(3) A wife may also present a petition for
the dissolution of her marriage by a decree of divorce on the ground-
(i) that the husband has, since the
solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
(ii) that in a suit or any proceedings for maintenance, a decree or order,
as the case may be, has been passed against the husband awarding maintenance
to the wife notwithstanding that she was living apart and that since the
passing of such decree or order, cohabitation between the parties has not
been resumed for one year or more.
12. Divorce by mutual consent:-
(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented
to the District Court by both the parties to a marriage together, whether
such marriage was solemnized before or after the commencement of this Act,
on the ground that they have been living separately for a period of one year
or more, that they have not been able to live together and that they have
mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after
the date of the presentation of the petition referred to in sub-section (1)
and not later than eighteen months after the said date, if the petition is
not withdrawn in the mean time, the Court shall, on being satisfied, after
hearing the parties and after making such inquiry as it thinks fit, that a
marriage has been solemnized and that the averments in the petition are
true, pass a decree of divorce declaring the marriage to be dissolved with
effect from the date of the decree.
13. No petition for divorce to be
presented within one year of marriage:-
(1) Notwithstanding anything contained in
this Act, it shall not be competent for any Court to entertain any petition
under section 11 or 12 of this Act for dissolution of marriage by a decree
of divorce, unless at the date of the presentation of the petition one year
has elapsed since the date of the marriage:
Provided that the court may, upon application made to it, allow a petition
to be presented before one year has elapsed since the date of the marriage
on the ground that the case is one of exceptional hardship to the petitioner
or of exceptional depravity on the part of the respondent, but, if it
appears to the court at the hearing of the petition that petitioner obtained
leave to present the petition by any mis-representation or concealment of
the nature of the case, the court may, if it pronounces a decree, do so
subject to the condition that the decree shall not have effect until after
the expiry of one year from the date of the marriage or may dismiss the
petition without prejudice to any petition which may be brought after the
expiration of the said one year upon the same or substantially the same
facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present
a petition for divorce before the expiration of one year from the date of
the marriage, the court shall have regard to the interests of any children
of the marriage and to the question whether there is a reasonable
probability of a reconciliation between the parties before the expiration of
the said one year.
14. Divorced persons when may marry again:-
(1) When a marriage has been dissolved by a
decree of divorce and the time for filing appeal has expired without an
appeal having been presented, it shall be lawful for either party to the
marriage to marry again after six months has elapsed from the date of decree
of dissolution of marriage.
(2) Where an appeal has been presented against dissolution of marriage but
has been dismissed, it shall be lawful for either party to the marriage, to
marry again after six months has elapsed from the date of dismissal of the
appeal.
15. Legitimacy of children of void and
voidable marriages:-
(1) Notwithstanding that a marriage is null
and void under Section 8, any child of such marriage who would have been
legitimate if the marriage had been valid, shall be legitimate, whether such
a child is born before or after the commencement of this Act, and whether or
not a decree of nullity is granted in respect of the marriage under this Act
and whether or not the marriage is held to be void otherwise than on a
petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage
under Section 10, any child begotten or conceived before the decree is made,
who would have been the legitimate child of the parties to the marriage if,
at the date of the decree it had been dissolved instead of being annulled,
shall be deemed to be their legitimate child notwithstanding the decree of
nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be
construed as conferring upon any child of a marriage which is null and void
or which is annulled by a decree of nullity under Section 10, any rights in
or to the property of any person, other than the parents, in any case where,
but for the passing of this Act, such child would have been incapable of
possessing or acquiring any such rights by reason of his not being the
legitimate child of his parents.
16. Punishment for contravention of
certain other conditions for a Sikh marriage:-
(1) Whoever, having a husband or wife
living, marries in any case in which such marriage, is void by reason of its
taking place during the life of such husband or wife, shall be punished with
imprisonment which shall not be less than one year and may extend to three
years and with a fine which shall not be less than twenty thousand rupees
and may extend to one lakh of rupees.
(2) Where the court imposes a fine under sub-section (1) of this section, it
shall also order the amount to be paid to aggrieved person out of the fine
as payment of compensation, maintenance or costs.
(3) The proceedings under this section shall be undertaken by the court
wherein the petition under section 9, 10, or 11 of this Act has been
presented and it will be lawful for the court to convict a person under this
section while deciding the petition under section 9, 10, or 11 of this Act
and no separate complaint or criminal trial is required to be initiated
before a court of Criminal jurisdiction.
17. Maintenance Pendent-lite and expenses
of proceedings:-
Where in any proceeding under this Act, it
appears to the Court that either the wife or the husband, as the case may
be, has no independent income sufficient for her or his support and the
necessary expenses of the proceeding, it may, on the application of the wife
or the husband, order the respondent to pay to the applicant the expenses of
the proceeding and such monthly expenses as, having regard to the
applicant’s own income and the income of the respondent, it may seem to the
Court to be reasonable, during the proceeding.
Provided that the application for the payment to the expenses of the
proceeding and such monthly expenses during the proceedings, shall, as far
as possible be disposed of within sixty days from the date of service of
notice on the wife or the husband, as the case may be.
18. Permanent alimony and maintenance:-
(1) Any court exercising jurisdiction under
this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or
the husband, as the case may be, order that the respondent shall pay to the
applicant for her or his maintenance and support such gross sum or such
monthly or periodical sum for a term not exceeding the life of the applicant
as, having regard to the respondent’s own income and other property, if any,
the income and other property of the applicant, the conduct of the parties
and other circumstances of the case, it may seem to the Court to be just,
and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
Explanation: The spouse of marriage which is void due to contravention of
condition specified in clause (i) of section 5 of this Act, shall not be
entitled to maintenance, permanent alimony or to claim any benefit under
this section.
(2) If the Court is satisfied that there is a change in the circumstances of
either party at any time after it has made an order under sub-section (1),
it may at the instance of either party, vary, modify or rescind any such
order in such manner as the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has
been made under this Section has re-married, it may at the instance of the
other party vary, modify or rescind any such order in such manner as the
court may deem just.
19. Custody and maintenance of children:-
In any proceeding under this Act, the Court
may, from time to time, pass such interim orders and make such provisions in
the decree as it may deem just and proper with respect to the custody,
maintenance and education of minor children, consistently with the wishes of
children, wherever possible, and may, after the decree, upon application for
said purpose, pass from time to time, all such orders and make provisions
with respect to the custody, maintenance and education of such children as
might have been made by such decree or interim orders in case the
proceedings for obtaining such decree were still pending, and the Court may
also from time to time revoke, suspend or vary any such orders and
provisions previously made.
Provided, that the welfare of the minor children shall be the paramount
consideration for the court while proceeding under this section.
Provided that the application with respect to the maintenance and education
of the minor children, pending the proceeding for obtaining such decree,
shall, as far as possible, be disposed of within sixty days from the date of
service of notice on the respondent.
20. Court to which petition shall be
presented:-
Every petition under this Act shall be
presented to the District Court within the local limits of whose ordinary
original civil jurisdiction:
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition,
resides, or
(iii) the parties to the marriage last resided together, or
(iv) in case the wife is the petitioner, where she is residing on the date
of presentation of the petition, or
(v) the petitioner is residing at the time of the presentation of the
petition, in a case where the respondent is at that time residing outside
the territories to which this Act extends, or has not been heard of as being
alive for a period of seven years or more by those persons who would
naturally have heard of him if he was alive.
21. Contents of petitions and service of
summons:-
(1) Every petition presented under this Act
shall state as distinctly as the nature of the case permits, the facts on
which the claims to relief is founded and shall also state that there is no
collusion between the petitioner and the other party to the marriage.
(2) Every petition under this Act shall be verified by the petitioner or
some other competent person in the manner required by law for the
verification of plaints and shall also be supported by a duly sworn
affidavit, and it may, at the hearing, be referred to as evidence.
(3) The court, under this Act:
(a) while passing an order for proceeding
ex-parte against the respondent, if duly served or if has refused service
or is evading service, shall ensure that the provisions of the Code of
Civil Procedure with regard to service of summons have been strictly
followed and complied with.
(b) while the summons were returned with a report that the respondent has
refused to accept or is evading service, the court shall, before passing
order for proceeding ex-parte, order the service to respondent be affected
through proclamation and publication in a leading newspaper of the region.
22. Application of Code of Civil Procedure:-
Subject to the other provisions contained in this Act and to such rules as
framed under this Act, all proceedings under this Act shall be regulated, as
far as may be, by the Code of Civil Procedure.
23. Power to transfer petitions in certain cases:-
(1) Where-
(a) a petition under this Act has been
presented to a District Court having jurisdiction by a party to marriage
praying for a decree of divorce under Section 11; and
(b) another petition under this Act has been presented thereafter by the
other party to the marriage praying for a decree of divorce under Section 11
on any ground, whether in the same District Court or in a separate District
Court, in the same State or in a separate State, the petitions shall be
dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the
same District Court, both the petitions shall be tried and heard together by
that District Court;
(b) if the petitions are presented to in separate District Courts, the
petition presented later shall be transferred to the District Court in which
the earlier petition was presented and both the petitions shall be heard and
disposed of together by the District Court in which the earlier petition was
presented.
(3) In a case where clause (b) of sub-section
(2) applies, the Court or the Government, as the case may be, competent under
the Code of Civil Procedure, to transfer any suit or proceeding from the
District Court in which the later petition has been presented to the District
Court in which the earlier petition is pending, shall exercise its powers to
transfer such later petition as if it had been empowered so to do under the
said Code.
24. Special provision relating to trial and disposal of petitions under the
Act:-
Every petition/appeal under this Act shall
be tried as expeditiously as possible, and endeavour shall be made to
conclude the trial within six months from the date of service of notice of
the petition/appeal on the respondent.
25. Documentary and other evidence:-
Notwithstanding anything in any enactment
to the contrary, no document shall be inadmissible in evidence in any
proceeding at the trial of a petition under this Act on the ground that it
is not duly stamped or registered.
26. Proceedings to be in camera and may
not be printed or published:-
(1) Every proceeding under this Act shall
be conducted in camera and it shall not be lawful for any person to print or
publish any matter in relation to any such proceeding except a judgment of
the High Court or of the Supreme Court printed or published with the
previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the
provisions contained in sub-section (1), he shall be punishable with fine
which may extend to twenty five thousand rupees.
27. Decree in proceedings:-
(1) In any proceeding under this Act,
whether defended or not, if the Court is satisfied that-
(a) any of the grounds for granting
relief exists and the petitioner is not any way taking advantage of his or
her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified in clause (i)
of sub-section (1) of Section 11, the petitioner has not in any manner
been accessory to or connived at or condoned the act or acts complained
of, or where the ground of the petition is cruelty the petitioner has not
in any manner condoned the cruelty, and
(c) when a divorce is sought on the ground of mutual consent, such consent
has not been obtained by force, fraud or undue influence, and
(d) the petition is not presented or prosecuted in collusion with the
respondent, and
(d) there has not been any unnecessary or improper delay in instituting
the proceeding, and
(e) there is no other legal ground why relief should not be granted, then,
and in such a case, but not otherwise, the court shall decree such relief
accordingly.
(2) Before proceeding to grant any relief
under this Act, it shall be the duty of the Court in the first instance, in
every case where it is possible so to do consistently with the nature and
circumstances of the case, to make every endeavour to bring about a
reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to any
proceeding wherein relief is sought on any of the grounds specified in
clause (iv), clause (v), clause (vi), clause (vii), clause (viii) or clause
(ix) of sub-section (1) of Section 11.
(3) For the purpose of aiding the Court in bringing about such
reconciliation, the court may, if the parties so desire or if the Court
thinks it just and proper so to do adjourn the proceedings for a reasonable
period and refer the matter to any person named by the parties in this
behalf or to any person nominated by the Court if the parties fail to name
any person, with directions to report to the Court as to whether
reconciliation can be and has been effected and the court shall in disposing
of the proceeding have due regard for the report.
(4) In every case, the court passing the judgment or decree shall give a
copy thereof free of cost to each of the parties. Wherein the respondent was
proceeded against ex-parte, the copy of the judgement or the decree shall be
sent to him by a registered post.
28. Relief for respondent in divorce and
other proceedings:- In any proceedings of restitution of conjugal rights
or divorce, the respondent may not only oppose the relief sought on the ground
of petitioner’s adultery, cruelty or desertion, but also make a counter-claim
for any relief under this Act on that ground; and if the petitioner’s
adultery, cruelty or desertion is proved, the Court may give to the respondent
any relief under this Act to which he or she would have been entitled if he or
she had presented a petition seeking such relief on that ground.
29. Appeals from judgment, decrees and orders:-
(1) All judgments, decrees and orders made
by District Court in any proceeding under this Act shall, subject to the
provisions of sub-section (2) and (3), be appealable and every such appeal
shall lie to the High Court.
(2) There shall be no appeal under this section on subject of costs only.
(3) No appeal shall lie to the High Court from a judgment, decree or order
made by District Court with the consent of the parties.
(4) Every appeal under this section shall be preferred within a period of
ninety days from the date of the judgment, decree or order.
Provided that the High Court may entertain an appeal after the expiry of the
period of ninety days, if it is satisfied that there was sufficient or
reasonable cause for not filing the appeal within the time limit.
30. Enforcement of decrees and orders:-
All decrees and orders made by the Court in any proceeding under this Act,
shall be enforced in the like manner as the decrees and orders of the Court
made in the exercise of its original civil jurisdiction for the time being are
enforced.
31. Powers to make rules:- The Union or State Government may by
notification in the official gazette, make rules not inconsistent with this
Act to carry out the provisions of this Act.
32. Savings:-
(1) A marriage solemnized between Sikhs
before the commencement of this Act, which is otherwise valid, shall not be
deemed to be invalid or ever to have been invalid by reason only of the fact
that the parties thereto belonged to the same “pravara” or belonged to
different religion.
(2) Nothing contained in this Act shall be deemed to affect any right
exercised before the commencement of this Act to obtain the dissolution of a
Sikh Marriage recognised by custom or usage.
(3) Nothing contained in this Act shall affect the procedure of any
proceeding pending at the commencement of this Act under any law for the
time being in force for declaring any marriage to be null and void or for
annulling or dissolving any marriage, and any such proceeding may be
continued in accordance with the procedure applicable before commencement of
this Act.
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