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Powers of Marriage Officers in Inquiries under the Special Marriage Act, 1954

If you are involved in a marriage proceeding under the Special Marriage Act, 1954, understanding the powers vested in Marriage Officers during inquiries is crucial. Here’s an insightful look into these powers and their implications:

Conducting Inquiries: Detailed Insights

1. Authority Comparable to Civil Court:

Scope of Powers:
Marriage Officers, when conducting inquiries under Section 8 of the Act, possess extensive powers akin to those of a civil court under the Code of Civil Procedure, 1908 (5 of 1908).

Specific Powers Include:

Summoning Witnesses:
Marriage Officers can summon witnesses and enforce their attendance, compelling them to provide testimony under oath.

Discovery and Inspection:
They have the authority to discover and inspect documents relevant to the inquiry, ensuring transparency and thoroughness in their investigations.

Compelling Document Production:
They can compel the production of documents necessary for the inquiry, aiding in the verification and validation of claims or objections raised.

Affidavits:
Marriage Officers can receive evidence in the form of affidavits, which are sworn statements submitted by involved parties or witnesses.

Issuing Commissions:
They may issue commissions for the examination of witnesses, allowing for testimonies to be collected and validated outside the immediate jurisdiction.

2. Judicial Nature of Proceedings:

Legal Status:
Any proceeding before a Marriage Officer is deemed a judicial proceeding under Section 193 of the Indian Penal Code (45 of 1860). This designation underscores the seriousness and legal implications of the inquiries conducted.

Enforcement of Attendance:
For enforcing witness attendance, the jurisdiction of the Marriage Officer extends throughout their district, ensuring compliance and cooperation in the inquiry process.

3. Addressing Frivolous Objections:

Costs and Compensation:
If an objection to an intended marriage is deemed unreasonable or made in bad faith, the Marriage Officer has the authority to impose costs as compensation. These costs can amount to a maximum of one thousand rupees, and they may be awarded to the parties involved in the intended marriage.

Execution of Orders:
Orders for costs are enforceable similarly to decrees issued by district courts within the Marriage Officer’s jurisdictional limits, ensuring compliance and fairness in resolving objections.